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

Different forms of jury trial and the disadvantages of jury trial

Extracts from this document...

Introduction

Assignment 7.14 In this essay I will identify the different forms of jury trial and explain the disadvantages of jury trial. The different forms of jury trial are in criminal and civil courts. In civil courts now very little cases are trialed by jury but examples of cases that would be are libel and slander, malicious prosecution, false imprisonment and fraud. In criminal cases trial by jury is now confined to trials on indictment before a crown court therefore only a small amount are tried by jury. Also it is considered that the greater expense involved in holding a jury trial is justifiable for more serious offences. ...read more.

Middle

The advantages of jury trials are that it adds certainty to law as it gives a general verdict which cannot be misunderstood for example in a criminal case the jury states whether they are finding the person guilty or not guilty. Also they can be seen as protection against oppressive or politically motivated parties as they have the right to find defendants innocent or guilty. Disadvantages of the jury system include that a lot of jurors aren't sufficiently qualified to do the task. Some say that some jurors being summoned aren't intelligent enough and haven't got a good enough education. Also there has been concern with the average jury's understanding of complex fraud cases. ...read more.

Conclusion

reasons for this, it may put pressure n the Crown Prosecution service to reduce the charge in exchange for the defendant pleading guilty. They may also do this because it may make it less likely that the prosecution witness will fail to attend the trial or weaken their recollection. The final reason why they may do this is that if they are being held on remand, they are kept in a local prison they are allowed privileges that convicted criminals aren't. Another problem is that trial by jury costs more, also jury service is unpopular but refusal to act as a juror leads to contempt of court. Finally another disadvantage could be that some details of cases may bring stress to members of the jury. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law 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 GCSE Law essays

  1. Marked by a teacher

    abortion research

    4 star(s)

    Many non-persons, like animals, are protected. The state could theoretically assert an interest in protecting potential human life, even if it isn't a person. Does it Matter if the Fetus is a Person?: Whether the fetus is declared a person from a scientific, religious, or legal perspective, this would not necessarily mean that abortion is wrong.

  2. Marked by a teacher

    In order to decide whether or not trial by jury should or should not ...

    4 star(s)

    It is designed to overcome the deficiencies of the former system, principally in securing a better match in numbers of jurors summoned to the workload of each court, in providing better communication with potential jurors and accommodation of their needs, and in bringing greater consistency to the treatment of their applications for excusal or deferral.

  1. Marked by a teacher

    "What are the advantages and disadvantages of electing for a Summary trial as opposed ...

    4 star(s)

    On the other hand, magistrates' courts deal with smaller incidents and magistrates have a more 'conviction-minded' attitude. This however, is somewhat biased, as crown court cases are more serious and not many cases move on from magistrates' courts. The chances for an acquittal are also much higher 60% in the crown court compared to 25% in a magistrate's court.

  2. Criminal Law (Offences against the person) - revision notes

    From these definitions it would appear that the HOL considers gross negligence in both subjective and objective terms. The definitions are remarkably similar to Cunningham and Caldwell; subjective and objective recklessness, therefore it would appear that this broad definition of gross negligence means there is no longer any need for gross recklessness.

  1. Pre Trial Procedure in Criminal Cases

    9.2 Bail An important pre trial matter is whether to grant bail. A person can be released on bail any point after being arrested. 9.2.1 Police power to grant bail * May release suspect while further inquiries are made. Must return at given date.

  2. Describe the system of trial by jury within the English legal system.

    For example the "Mclibel trial" which envolved a defamation action brought by McDonald's against two environmental campaigners was heard by a judge alone, because the judge felt that the evidence was to complicated for a jury to understand. This was probably a good decision because it turned out to be the longest ever civil trial.

  1. What is an indictable offence and how is it brought to trial?

    The prosecuting barrister then outlines the prosecution's case and calls witnesses. Each witness is examined "in chief" by the prosecutor, cross-examined by the defence, and re-examined if necessary to clear up any ambiguities: the judge may also ask relevant questions of his own, but must not adopt the role of an advocate.

  2. The Law Relating to Negotiable Instruments

    Similarly, any alteration in the crossing, except in the ways stated above, must be authenticated by the signature of the drawer, otherwise the same will be treated as material alteration so as to discharge the instrument itself. Thus where a check is crossed 'Account Payee' and the holder alters it

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