Assignment brief
In 1956 Lord Devlin professed that juries are ‘the lamp that shows that freedom lives’. Evaluate the accuracy of this statement with regard to the advantages and disadvantages of trial by jury, the alternatives available and any reforms that have been introduced or recommended.
You are to produce an essay as follows
Critically evaluate pros and cons the arguments for and against trial by jury
Discuss any reforms that have been proposed or introduced and evaluate these reforms pros and cons
This essay will evaluate the argument for and against the jury system, discuss and evaluate proposed or recent reforms to the jury system in England and Wales. Finally, it will consider the alternatives to the current jury system.
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Although secrecy can be seen as an advantage to safeguard jurors from stresses of others, it can be considered a disadvantage too. The reason for this is because all of the deliberating is completed privately there is no way of anybody knowing if the jury did in fact fully understand the case. There is also no way of knowing if the jury have come to the verdict that they have chosen for all of the correct reasons.
Bias is also another disadvantage although some people might think that a jury cannot be biased because there are twelve people however there can still be prejudice which can then affect the verdict. An example would be that some people are biased towards the police which is why people with specific criminal convictions are disqualified from sitting on a jury. Another example would be Sander v United Kingdom (2000) one juror had written a letter to the judge explaining that some of the other jurors had been making racist remarks. The judge then asked the jury to ‘search their consciences’ and the next day he received two letters, one signed by all of the jurors stating that there had been no racist remarks and the second letter from only one juror explaining that he had been the person making the racist jokes. Despite all of the letters and the case was allowed to continue with the same jury. However, the European Court of Human Rights
Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.
In his article, published in one of the most widely read legal publications worldwide, Robert G. Johnston addresses the dissatisfaction with the Grand Jury. He elaborates on the reasons of this dissatisfaction with the Grand Jury, how the courts reacted to this retrogression and like Anna Offit’s article, gives suggestions on how to best improve people’s view on the Grand Jury and why a jury can be of use to the courts.
Juries are a crucial and irreplaceable part of the American justice system. The jury system has been around for hundreds of years. Our founding fathers viewed jury service as a critical part of democracy and self government. Twelve ordinary citizens make up the jury and will form a decision about the case. The jury system is still needed in the twenty-first century because it ensures the accused gets a fair trial and it promotes civic participation.
In this paper I will provide an analysis of a jury trial; my analysis will focus on the right of the defendant. I will articulate how a defendant 's rights at trial can be assured when it comes to The defendant’s right to a speedy trial, the defendant’s right to an impartial judge and the defendant’s right to an impartial jury.
We should not have a professional jury system because it simply doesn't work for our government system. If we were to have a professional jury system, jurors would be biased, lazy and experiences with past cases would interfere. Although there would be different jurors with different histories on a panel, Jurors would be biased because they would all have the same education telling them what is right and wrong. The same textbook would be deciding whether a person is guilty, or not guilty. Another circumstance where a juror would be biased is race. If a white male were to be convicting and black male, it could easily fly under the radar that the white male juror is holding a grudge. Many black males and minorities would be discriminated against
Trial by jury can be traced back to the 12th Century and has been an integral part of the criminal justice system since Henry II favoured it over trial by ordeal (Davies, Croall and Tyrer 2010, p.311). Although they are used in both crown court trials and civil cases, the introduction of the Administration of Justice Act 1933 has reduced the use of juries in civil cases significantly (Joyce 2013, p.208). However, they are only used in about one third of cases in the Crown Court (Huxley-Binns and Martin, p.220). Since the 19th Century, the statutory provisions for jury service have been amended and revised considerably resulting in the Criminal Justice Act 2003. Throughout this essay I will be firstly discussing who is eligible to sit on a
On one hand many critics argue that the American jury system is no longer a good idea. On the other hand, some may disagree and say the American jury system is still a good idea. According to this view, one can readily agree that the American jury system gives the people a say in what is relevant to today. “The role of jury service in promoting self-governance and civic participation...the United States Constitution viewed jury service as a critically important feature of self-governance and enshrined [guaranteed] the right to serve on juries in the Seventh Amendment” (Document C). While the essence of John Weiser is that the jury system promotes civic participation, such a stance is invalid because their judgement can be clouded. Therefore, even though the American jury system does have its benefits, the jurors choice whether the convicted should be punished can be
The current jury system is based on an almost millennium-old principle found in the Magna Carta (1215). As a result of changes in society since, the system must be seen as potentially outdated. In other words, it may not satisfy the needs of modern society, judged by what the major stakeholders of the criminal justice system expect. Indeed, there are substantial flaws in current jury systems in terms of effectiveness. The two major concerns with jury systems are their representativeness and their levels of competence. The representativeness of juries is essential as their reason for existing is to represent the views of society. Having twelve jurors could be understood to ensure representativeness and eliminate room for bias. However, this does not remove the possibility of juries being biased towards parties. Even if the potential jurors contacted are representative in terms of gender, ethnicity, age and socioeconomic status and though jury duty is a compulsory engagement, 90% of Queenslanders opt out of it. This makes it very likely that juries will not be representative. One example is ethnic diversity. There is likely to be less ethnic diversity in courts because ethnic minorities might not have sufficient language ability or access to interpreters to be jurors. Another example is age. It is likely that retired people
“The Jury Selection Process” is a research paper that reviews the jury selection process in detail. First we will review the stages of the criminal trail and go in depth with the jury selection process. The paper will demonstrate why the jury selection process is necessary for the United States as well as its patrons. The paper will also provide a break down of advantages and disadvantages on the jury selection process. In addition to the information listed above, we will review some large profile court cases and its jury selection process. This will determine just how detailed and challenging the process can prove to
The Jury Selection Procedure in the English Legal System The theory behind modern day trial by jury can be traced back some
The right to a trial by jury is a core element of the United States Criminal Justice System. This right is guaranteed to all citizens by the highest law of the land: The United States Constitution. But are juries truly an effective means of securing justice? The movie 12 Angry Men provides commentary on this question with its portrayal of twelve jurors deliberating over a murder case. The jury initially seems bound to condemn the defendant, a young man of nineteen years, to the electric chair, but a single man, Juror no. 8 descents against the majority. Over the course of the film, tensions rise, and after much debate Juror no. 8 manages to convince the other eleven jurors to eventually vote not guilty. Through their debates and casual side conversations, we are shown the role of personal biases and group manipulation tactics that can impede with objective analysis and ultimately the attainment of justice. Thus, the Movie 12 Angry Men mostly serves to challenge the jury system as a means of securing justice by demonstrating the harmful effects of personal biases, the lack of dedication to the system, and the potential for manipulative tactics.
Juries provide a public opinion which helps show what the public would think about the case and weather the accused is guilty or not guilty.
This essay will be looking at the advantages and disadvantages of the jury trial. Jury trial is a legal proceeding where a jury makes a decision, which then direct the actions of a judge. The members of a jury are a group of independent citizens. They have no interest in the case before them, nor is their judgment coloured by regular experience of the business of the court. They are “twelve individuals, often with no prior contact with the courts, who are chosen at random to listen to evidence and decide upon matters affecting the reputation and liberty of those charged with criminal offences.” The jury has always been drawn from sections of society but has been made democratic only in the last half century. And now almost all citizen of the United Kingdom are eligible to serve on a jury. But the percentage of criminal cases actually tried by jury is surprisingly low. Nowadays “the magistrates’ courts deal with at least 95 per cent of criminal cases. In practice juries determine the outcome of less than 1 per cent of the total of the criminal cases.” But still the idea of trial by jury has always been seen as a “cornerstone of the English legal system” , and it remains the standard mode of trial for dealing with the most serious types of criminal case. But even though it is established and been in practice for years, people seem to believe that there are disadvantages to jury trails. Nonetheless, the jury system is becoming increasingly controversial. Critics claim that
The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.