Written in 2007; 2,145 words; 16 sources; MLA; $ 67.95
Paper Summary:
This paper analyzes the role of the British jury system and investigates its effectiveness putting forward the arguments of many opponents. The paper suggests that, if the present due process model lacks "confidence in informal pre-trial fact-finding processes" then it would be wrong to believe that due process would be better served if the jury was abolished, for it is the jury which provides the forum for formal fact finding at trial. The paper concludes that if we blame the jury for the loss of due process to innocents that have been convicted and ignore the fundamental flaws of due process safeguards within the pre-trial system, then, ultimately, this disregard that will 'further legitimise and perpetuate miscarriages of justice'.
From the Paper:
"The civil jury declined massively in the twentieth century, and the case of Ward v James established that trial by judge should be the usual mode of trial. It is significant, that today only 1% of criminal cases actually culminate in jury trial making the argument for juries somewhat a statistical irrelevance. It is therefore perhaps unfair to argue that juries convict too many innocent people when trial by jury is such a rare opportunity. A single wrongful conviction is considered as one too many, but although it is admirable to aim for a system that prevents a single miscarriage of justice to occur it is perhaps a little unrealistic. The role of the jury is to form a verdict drawn from only the facts presented at trial. No twelve good men or women would intentionally inflict a conviction on a person whom they knew to be innocent. To attribute the blame of a wrongful conviction to, and solely to, the jury is too simplistic an analysis; the role of the jury is to come to an honest conclusion about the facts presented at trial. If these facts are later found to be 'unsatisfactory' or 'unsafe' perhaps it is the criminal justice system itself, which 'helps to legitimise and perpetuate miscarriages of justice', and not the jury who are perhaps too often the victims of blame."
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