Jury Trial

Jury Trial

The history of jury trial dates back many centuries in which time the

role and status of jury members have changed considerably as have the

number and range of cases tried by the jury system. A major milestone

in the history of juries was in Bushell's Case (1670), that

established that the juries were the sole judges of fact, with the

right to give a verdict according to conscience. They could not be

penalized for taking a view of the facts opposed to that of the judge.

The importance of this power today is that juries may acquit a

defendant, even when the law demands a guilty verdict. In contemporary

society, the jury is considered a fundamental part of the English

legal system, and it occupies an almost sacred place in the public's

imagination. It has been referred to as the " lamp that shows freedom

lives" by Lord Devlin and Jack Straw (former Home Secretary) said that

it is a " key freedom in our democracy". Despite its historical role

and the sentimental attachments, the jury system has come under

increasing attack in recent years. It is a political issue about which

there is much excited, and lamentably cliched debate.

The jewel of the British legal system is supposed to be the jury -

twelve fair-minded people standing between the might of government and

an accused individual. Their power of a verdict according to

conscience is enshrined as a bulwark against oppressive measures of

the state. Lord Devlin may be deemed to be somewhat misty-eyed in his

confidence in the "twelve good men". Since the 1970s, faith in the

jury system has gradually dissolved. Successive governments have

sought to restrict the use of jur...

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cases considered to be complex. There are constructive reforms that

fall way short of restriction of the right to trial by jury e.g.

October progress report expressed proposals to improve representation

on jurors by making it more difficult for potential jurors to be

excused. All in all, it appears that the jury system is a key figure

in our society. Perhaps a fundamental overhaul of the jury system with

regards people escaping duty and to ensure that they are more

representatives of the population would not be out of the question.

Independence! Openness! Public Involvement! How important are these

features of jury trial considered to be in our criminal justice

system? Either we want a democratic element maintained in our system

or we don't. Either we trust the judgement of twelve ordinary citizens

or we don't.