Has the time come for the Houses of Parliament to abolish a trial by Jury, so that all Crown Court trials are heard by a Judge alone?

Master's Thesis , 2012 , 84 Pages

Law - Criminal process, Criminology, Law Enforcement

There are well-founded arguments in favour of a jury trial and the idea that the jury is to preserve democracy would remain favourable with the great majority. However, a jury trial is not without its flaws and it is apparent that a clear argument can be made to the contrary, that a jury is somewhat questionable. Those concerns on the one hand and those benefits on the other hand cannot be ignored any more.

Should the UK continue to uphold a trial by jury? What would it mean for the Criminal Justice system if we continue to uphold a trial by jury? If the accused is tride by a jury that’s not fit for purpose can we really say justice has been done?

The author James Michael Corbett discusses the arguments to set out why UK should no longer try a defendant by a jury. For that, he not only describes the repeal of section 43 of the Criminal Justice Act, he also points out issues within a jury trial to later debate about its further use in the UK. Corbett provides a detailed level of knowledge and understanding into the workings of the jury system within the Crown court. The book is a real benefit to anyone who is interested in law or who is thinking of entering the legal profession.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Chapter 1 - The right to be tride by a jury
• 1.1 The Repeal of section 43 of the Criminal Justice Act 2003.
• 1.2 The defendants right to a trial by jury.....
• Chapter 2 - The Juries ability to comprehend, understand and process information .......
• 2.1 The Fraud Cases
• 2.2 Sir Robin Auld ........
• 2.3 The benefits that come from a judge only trial...............
• Chapter 3 - A Prejudicial Jury.......
• 3.1 Conscious Discrimination.
• 3.2 Unconscious Discrimination ....
• 3.3 The Juries view towards the defendants previous criminal record
• 3.4 A previous conviction with no intention
• Chapter 4 - The activist jury..
• 4.1 The acceptance of the law
• 4.2 The Beginning
• 4.3 The Jury and democracy......
• Chapter 5 - The Decline of the Jury
• 5.1 The decline of the jury in criminal cases
• 5.2 The Civil Jury
• 5.3 The problem of excessive damages
• 5.4 The defamation bill
• Chapter 6 - A proposal for reform and the replacement of the jury by an appointed panel of judges.
• 6.1 The Defendants right of Appeal
• 6.2 The Legal Recommendation..
• Chapter 7 Conclusion .....
• 7.1 In answer to the problem .....

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This Masters Thesis explores the viability of abolishing trial by jury in the UK legal system. The thesis examines the arguments for and against the jury system, exploring the historical context, the potential benefits and drawbacks of replacing juries with judges, and the implications for the criminal justice system as a whole.

• The right to a fair trial
• The ability of juries to comprehend complex legal information
• The potential for prejudice and bias within juries
• The role of juries in a democratic society
• The decline of the jury system in both criminal and civil cases

Zusammenfassung der Kapitel (Chapter Summaries)

The first chapter delves into the historical context of the right to trial by jury, examining the repeal of section 43 of the Criminal Justice Act 2003 and the defendants right to a trial by jury. Chapter 2 then focuses on the ability of juries to comprehend, understand, and process complex information, analyzing the specific case of fraud trials and the views of Sir Robin Auld. Chapter 3 explores the potential for prejudice and bias within juries, examining the impact of conscious and unconscious discrimination, and the influence of the defendants previous criminal record. Chapter 4 examines the role of the activist jury, exploring the acceptance of the law, the history of jury activism, and the relationship between juries and democracy. Chapter 5 investigates the decline of the jury system, focusing on its decline in criminal cases, the role of the civil jury, and the issues of excessive damages and defamation bills.

Schlüsselwörter (Keywords)

The core concepts explored in this thesis include trial by jury, criminal justice system, fair trial, jury bias, jury comprehension, judicial process, legal reform, and democratic principles.

• College: City University London (The City law School)
• Course: LLM Criminal Litigation
• Author: James Michael Corbett (Author)
• Publication Year: 2012
• Pages: 84
• Catalog Number: V950359
• ISBN (eBook): 9783346289544
• ISBN (Book): 9783346289551
• Language: English
• Tags: houses, parliament, jury, crown, court, judge, Criminal Justice Act, Section 43, Law, Civil Jury, House of Parliament