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What judges and others say about
juries |
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Trial by Jury’ Lord Devlin‘1956 |
"...[the second object of any tyrant would be ]
to overthrow or diminish trial by jury, for no tyrant
could afford to leave a subject's freedom in the hands of twelve of his
countrymen. So that trial by jury is more than an instrument of justice
and more than one wheel of the constitution: it is the
lamp that shows that freedom lives."
This was a reference to the candles that were
lit in London in the windows of London houses following the acquittal of the
seven Bishops in 1688: see Macaulay, The History of England from the
Accession of James II, (1849).
Trial of the
Seven Bishops here
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Lord Denning in
Ward v James. |
"It (trial by
jury) has been the bulwark of our liberties too long for any of us to seek to
alter it. Whenever a man is on trial for serious crime or when in a civil
case a man’s honour or integrity is at stake...
then trial by jury has no equal."
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‘What’s next in Law’ 1982 Lord Denning |
Suggested vetting the background and education of
all potential jurors, even drawing up a list of persons “recommended” for jury
service. |
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Lord Denning in
Wiltshire v Barrett [1966] CA |
In a
drink driving case Lord Denning MR said
"We all know how merciful some juries are to drivers who have been drinking.
As often as not they acquit them. The jurors are inclined to say to
themselves: “There but for the grace of God go I.” "
(Drink
driving is a summary only offence now)
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Lord Salmon1974 |
"…no more than about two per cent of those brought to
trial are wrongly acquitted by the jury…."
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Lord Elwyn-Jones LC |
Could remember only one case in which he had doubts about a jury conviction.
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Lord Elwyn-Jones LC |
"…no man is to be fined or imprisoned merely by the will of the state, but only by the judgement of his equals…"
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E P Thompson |
"…between the law and the people: the jury attends in judgement not only upon the accused but also upon the justice and humanity of the law…"
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Lord Birkett 1958 |
"…the jury introduces into the law an element of community sentiment and fairness: a jury can do justice where a judge ... has to follow the law…"
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Lord Birkett 1958 |
"ordinary standards of common decency"
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Law Quarterly Review 1991, Lord Devlin |
"…in the days when theft of goods worth five shillings was a hanging offence, a jury found a pickpocket guilty of stealing a gold sovereign, value 4s 11d..."
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L
Green, "Judge and Jury" (1930) |
The
jury acts as "an absorber of the discontent of citizens whose everyday affairs
are subjected to the control of the courts": |
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The Roskill
Committee; the Frauds Trial Committee, |
Recommends juries be abolished in complex fraud
trials, and be replaced by a panel of accountants and tax experts.
This did not meet with government approval until
1998 when a consultation paper suggested replacing them with a judge and 2
expert lay people or a panel of judges. |
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25.5.03 Observer |
The greatest threat? 'He
may be a religious bigot but the secrecy surrounding his trial is a bigger
challenge to us all.' |
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30.7.02 Guardian
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Fraud laws need to be simplified, says commission.
'A single, comprehensive definition of criminal fraud would mean
simpler indictments and trials would be shorter and less confusing for juries,
argues the law commission.' |
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21.10.01 Observer
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Twelve angry men can be wrong.
'The jury system is seen as a pillar of English justice. But does that
mean we can't challenge its decisions?' |
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16.10.01 Independent
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Campaigners win GM crop test case ruling.
'Ms Tilly said she was "furious" because of "the
manipulation going on behind the scenes to keep us out of a jury trial".' |
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14.10.01 Observer
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Is our jury system so perverse?
'No, it's not... it is juries, with their independence, that
frequently save the law from being an ass.' |
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9.10.01 Guardian
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Criminal justice review urges removal of right to trial by jury. 'Appeal judge suggests 300 reforms to system of criminal
trials. |
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13.4.01 Guardian
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Juries aren't that stupid, m'lud.
'The Sunday Mirror is not the only one guilty of an
'error of judgment.'
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22.1.01 Guardian
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Juries
in jeopardy The court of appeal's unprecedented judgment in the Grobbelaar
libel case is yet another signal that trial by jury no longer occupies a
hallowed role within our system of justice. |