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The paper considers the key arguments for and against the jury system in both the civil and criminal legal systems in England and Wales. The paper considers issues such as the historical basis of the system, the fairness of trial by jury and the cost of maintaining the jury system in its present form. The writer of this paper is of the opinion that the jury system should remain in use, although it should be reformed to maintain a fairer and more effective system.
From the Paper:"At present the jury system is a key part of the English legal system with a long historical grounding. In essence the basis of the jury system is that those who are tried in either criminal or civil law using a jury are done by their fellow peers rather than an appointee of the state such as a judge or other legal professional. However, unlike many rights the right to trial by jury is not established by any single act of parliament, rather a custom of common law (Powell 1966). Despite the long and historical nature of the jury system, there are those in political and legal circles who advocate the abolition or the restriction of the system (Church Times 2010).
"In practice the jury system is a relatively common practise in the criminal legal system and is the primary means of trial in a Crown Court. The jury is not used in criminal law to assess the guilt of a defendant for lesser crimes which take place in the magistrates court (Barker 2007, Donohue 2007). On the other hand, whilst the jury system is used in the civil legal system, it is done so with relative infrequency since the introduction of the Administration of Justice (miscellaneous Provisions) Act 1938. As such the jury in the civil court is now a discretionary power (Barker 2007)."
Sample of Sources Used:
- Barker, D, L, A. 2007. Law made simple. 12th ed. Amsterdam: Elsevier.
- Chruch Times. 2010. Jury system in the dock. Available online at: http://www.churchtimes.co.uk/content.asp?id=21091 [Accessed on 28/10/10].
- Donohue, L, K. 2007. Stanford law review. Vol. 59. Issue. 5. pp 1323-1362.
- Doran, S, Jackson, J. 1997. The case for jury waiver. Criminal Law Review. pp 155-172.
- Forsyth, W. 1980. History of trial by jury. London: Parker and Sons.
Cite this Analytical Essay:
The English Jury System (2011, December 30) Retrieved May 21, 2019, from https://www.academon.com/analytical-essay/the-english-jury-system-149755/
"The English Jury System" 30 December 2011. Web. 21 May. 2019. <https://www.academon.com/analytical-essay/the-english-jury-system-149755/>