n of the right to silence and whether this right might be restricted in these cases. This section will also include a discussion of the responses to the Roskill Reforms.
An Introduction to the Problems of Complex Criminal Trials
In all three jurisdictions discussed in this paper, Australia, the United Kingdom, and the United States, there has been considerable debate concerning the problems presented by complex criminal trials. It has been suggested by some that the present conduct of these trials poses a threat to the administration of criminal justice. The reasons for this are several but they stem largely from the distrust of juries. Many feel that the jury system cannot handle these sorts of cases because lay jurors are usually unable to understand these cases. As will be seen in this paper, critics of the jury system point to many horror stories concerning juries in support of their arguments.
The distrust of the jury system is not the only reason why many experts argue that reforms must be implemented in the criminal justice systems of all three jurisdictions if the increasing number of complex criminal cases are to be handled adequately. Some assert that the reason why juries cannot understand these cases is that the criminal justice systems have allowed these cases to grow so large and complex that they have become unwieldy. Trying more than a few defendants on charges of corporate fraud taxes the ability of even the judges and the attorneys to handle these cases. Much concern has been expressed that unless the defendants in these cases are severed, rather than tried together, justice cannot be served. Not only will defendants lose their rights, but society as a whole will be harmed as guilty defendants with deep pockets "buy" acquittals with large teams of the best legal talent available. The confusion sown by clever defense attorneys will overwhelm prosecutors and judges alike in an era of limited governme...