• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Describe How The System Of Trial By Jury Operates

Extracts from this document...

Introduction

Describe How The System Of Trial By Jury Operates A jury system consists of seven to twelve people, depending on the case and the court appearing in. Twelve jurors are used in Crown Court criminal cases for indictable offences. The Queens Bench Division of High Court where the cases involved are civil cases also have twelve jurors. These are cases involving libel and slander, fraud, malicious prosecution and false imprisonment. In civil cases at a County Court, eight jurors are present, although this is rare. Seven to eleven jurors are present at suspicious death cases at the Coroners Court. Specialist juries have been used within complex cases, usually fraud, as sometimes the cases can be complicated The selection process has been that since 1972, names were taken at random from the electoral role. The Juries Act, 1974 section 1, states that those who qualify for jury service are anyone aged between eighteen and seventy who have been a resident within the United Kingdom for five years since the age of thirteen. This should ensure that the selection is completely random, although within Birmingham, only one percent of jurors were of Asian or West Indian origin when almost thirteen percent make up the population. ...read more.

Middle

As members of the jury must swear to secrecy once returning from the jury room after deliberating the verdict, this ensures that no one is penalised for the final verdict. Trial by jury should, in general, eliminates any individual biased decisions, such as racism against ethnic minorities and the opposite gender. Many jurors are aware that they are there to make justice, and so do not let any racist issues over rule their judgement of the evidence. They are also aware that justice must be seen to have been done for people to keep believe in the jury system. The system of trial by jury is very traditional, and is seen by society to be a fair trial. Many people believe that they have a right to be tried by ones peers within a court of justice. There are also many disadvantages to a trial by jury, perhaps more than the number of advantages. Many people within the United Kingdom are uneducated or unintelligent, and so not competent to be on a jury, but are however on the electoral role, so it can be a lengthy process having to explain details, especially in complex cases such as fraud cases as the nature of such cases is highly complicated. ...read more.

Conclusion

It would however mean that all of the advantages of using a jury would be lost, including the randomness of selection and the varied views of society. There may also be problems in recruiting enough judges for the job. It would lessen the risk of having a few strong0-minded individuals Within Northern Ireland, no juries are used, but a system called the Diplock Court. As the community is divided into two by religion, the Protestants and the Catholics, it would be unjust to have, for example, a catholic on trial against a jury of predominantly Protestants, as this would cause great conflict and unjust verdicts not based on the evidence, but on the defendant's religion. Although there are many disadvantages to the modern system of a trial by jury, it is believed to be a fair judgement by the general public, and although could use a few improvements, it is probably the most well structured and reliable system when compared to the new ideas that are being suggested. It has been seen to work for justice for centuries, and has many strong advantages and is preferred by many over replacing the jury. 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    ‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for ...

    4 star(s)

    The symbolic function of the jury is key to legitimising the criminal justice system - it keeps the state from having an absolute power over the actions of its citizens and ensures a confidence in the adversarial system of justice (Sanders, 1997:1051, Sanders & Young, 2000:559).

  2. The jury system or right to a trial by jury is often described as ...

    detention for life, custody for life, detention during Her Majesty's pleasure or imprisonment for public protection or detention for public protection, or to a term of imprisonment of five years or more or a term of detention of five years or more.

  1. 'Juries are anti-democratic, irrational and haphazard.' To what extent do you think that this ...

    They may be fellow motorists and think there may be fellow motorists and think " there, but for the grace of God, go I." Although jurors receive payment for traveling expenses,etc and an allowance for loss of earnings, it is probable that many people suffer financial loss.

  2. Explain how jurors are chosen and the role of the jury in a crown ...

    This method of involving the public is a tried and tested system since the Magna Carta 1215 and so is considered to be a successful system. The jury are protected from pressure and outside influences when deciding on the verdict, but there is no way of knowing if jury understood

  1. What justification was there for Socrates' trial, verdict and death sentence?

    This could either show that Anytus despised of Socrates for personal reasons, or it could be taken as proof that his ways of philosophising were truly teaching the young to break up moral values, such as questioning parents in society.

  2. Describe trial by jury within the English legal system. How effective is trial by ...

    The Juries Act 1974, section seventeen allows for majority verdict to be used, normally eleven to one, ten to two, ten to one or nine to one. In open court the foreman must state the number of jurors agreeing with the verdict and the numbers disagreeing with the verdict.

  1. Describe Jury Trial within the English legal system. How effective is Trial by jury? ...

    However juries from the County Court may also be used if the damages were not expected to exceed �15,000. A juror can be anyone living in the area where the trial is to be held from all walks of life and job types.

  2. As the juvenile courts converge procedurally and substantively with the adult criminal courts, does ...

    the homes of various individuals who happen to come from low income families. As stated, due to residential segregation based on race and income, crime has become more concentrated in the inner cities. "The disproportionate impact of the justice system on minority youth raises particular concerns in the context of

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work