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Juries - what judges and others say about juries

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What judges and others say about juries

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

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."

‘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.

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)

Lord Salmon1974

"…no more than about two per cent of those brought to trial are wrongly acquitted by the jury…."

Lord Elwyn-Jones LC

Could remember only one case in which he had doubts about a jury conviction.

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…"

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…"

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…"

Lord Birkett 1958

"ordinary standards of common decency"

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..."

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":

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.

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.'

30.7.02 Guardian

 

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.'

21.10.01 Observer

 

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?'

16.10.01 Independent

 

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".'

14.10.01 Observer

 

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.'

9.10.01 Guardian

 

Criminal justice review urges removal of right to trial by jury. 'Appeal judge suggests 300 reforms to system of criminal trials.

13.4.01 Guardian

 

Juries aren't that stupid, m'lud. 'The Sunday Mirror is not the only one guilty of an 'error of judgment.'

 

22.1.01 Guardian

 

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.

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