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

Describe Jury Trial within the English legal system. How effective is Trial by jury? consider any alternatives and suggest improvements.

Extracts from this document...

Introduction

Describe Jury Trial within the English legal system. How effective is Trial by jury? consider any alternatives and suggest improvements. Part 1- Describe Jury Trial within the English Legal system A Trial by Jury is one of the oldest traditions, and is seen as a cornerstone in the English Legal System as it developed from the Anglo-Saxon judicial custom. In the English legal system it is seem as such a major feature because it allows people to be judged by their peers rather than by judges whom the majority of people consider to be middle class and middle minded. Opportunities for bias are also eliminated as it has been proven to be a system that works well and that is respected by the majority of people in society. Surprisingly England stands almost alone in the fact that it uses juries apart from France who are the only other country in Europe that use juries. Still in France juries are only used in the most serious of cases. ...read more.

Middle

and the acquittal of those who are innocent having regard to the efficient use of resources, and in particular to consider whether changes are needed in 1. The conduct of police investigations 2. The role of the prosecutor 3. The role of experts 4. The arrangements for the defence 5. The opportunities for an accused person to state his position 6. The power of the courts in directing proceedings 7. The role of the court of appeal 8. The arrangements for considering and investigating miscarriages of justice. Jurors can be used in the Crown Court for indictable offences or triable either way offences. In a County Court the jury must consist of eight people and in a Coroner's Court there are between eight and eleven jurors are used in suspicious death cases whereas usually a jury consists of twelve people. In civil cases taking place in the High Court juries are used for the following types of cases; libel, fraud, malicious prosecution and also false imprisonment cases. The jurors also decide on the verdict and award the claimant the appropriate damages. ...read more.

Conclusion

Juries decide whether the defendant is guilty or innocent on the evidence that has been put forward to them by the prosecution and the defence. They must come to one of two verdicts: unanimous - all members of the jury agree on the same verdict or a majority. This can be a 11:1 or 10:2 decision. If this is not the outcome of the trial the trial a retrial will take place or the trial will be dismissed. However in the most serious of trials e.g. murder, a unanimous decision must be reached. No one is allowed to question the jurors about these deliberations. If a person is found of contempt of court they can be fined or even sent to prison. When the jury has reached an acceptable verdict they return to court and are asked by the clerk what verdict they have reached. Then the foreman of the jury must state whether the defendant is guilty or not guilty and how many jurors agreed on the verdict. This is then the end of the juries' service and they are then obliged to leave the court. Part 2- Consider any alternatives and suggest improvements ...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)

    It also says that the removal of such procedures such as the right to choose trial by jury is putting too much power back into the hands of the state whilst taking away the right to choose from the defendant.

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

    In the High Court and the Crown Court juries may consist of any number of persons up to a maximum of 12 (see Muirhead v Evans (1851)7) although in the Crown Court there must be at least nine. Under recent legislation however, where evidence reveals a case of serious or

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

    A probation order disqualifies anyone for five years and persons on bail are disqualified for the duration of the bail period. If a disqualified person fails to disclose that fact and turns up for jury service, they may be fined up to �5,000.

  2. Trial by jury is more than an instrument of justice and more than one ...

    Based on that, the Court of Appeal decided to quash the conviction on possible influence. However, apart from the arguments above, many see that today the jury plays a fundamental part of the English Legal System. They not only ensure the criminal justice system works for the benefit of the

  1. Expert Testimony and Its Value In the Justice System

    Ultimately the Law Commission decided that the best option would be to implement an ?admissibility rule requiring the trial judge to assess the evidentiary reliability of the tendered evidence?.

  2. Describe the process by which it is decided where a trial will take place. ...

    If D does not enter a plea or pleads not guilty he will be subject to a mode of trial hearing. A mode of trial hearing occurs when D pleads not guilty and means he may have some control over which court hears the case, unless there is a committal to the Crown Court for sentencing.

  1. The English Court System

    Bringing an appeal is subject to obtaining ?permission?, which may be granted by the court below or, more usually, by the Court of Appeal itself. Applications for permission to appeal are commonly determined by a single Lord Justice, full appeals by two or three judges.

  2. Explain the role of the CCRC (Criminal Cases Review Commission)

    justice because they would review cases when new scientific evidence or arguement. Advantages of the CCRC are that in January 2011 statistics published showed that they had instigated 310 quashed convictions. This shows that without the CCRC many miscarriages of justice would not have been dealt with.

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