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Essay / Research Paper Abstract
This 9 page paper examines the effectiveness of the trial by jury system in England and Wales. The paper considers the diverse options that see it as the embodying or contradicting democracy, looks at the effectiveness of jury trials and considers the views and recommendation of Lord Auld in his report into criminal justice system and compares them to the views of Penny Darbyshire. The bibliography cites 9 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEjuryse.rtf
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Unformatted sample text from the term paper:
his (or her), peers. The role of the jury is to listen to the evidence presented to them and decide which are the true factors of a case. The judge
has the role of ensuring the trial is fair, and that only the relevant and appropriate evidence is heard. Once the jury have heard the evidence they are directed by
the judge regarding the law. The judge may also advise on other point of law at summing up or during the trial.
Following this the jury apply the law the facts to reach a conclusion. The jury are seen as being independent and representative of the population, they are selected by ballot
by residents on the electrical roll. The independence of the jury and the judge are reflected in the way that the application
of the law is separated from the law makers. This prevents conflicts of interest arising and ensures the integrity of the system. The judge will interpret the law and
advise the jury, in rare instances he may also overrule the jury under the Criminal Appeal Act 1968 s.1 (Glazebrook, 2002). It
is this generalised and random nature of the jury that is often criticised. Those making the judgment have no special qualification, and as such it is possible that they may
not comprehend the entire process and may be severely challenged on complex chases. This was an area noted by Lord Auld when considering complex fraud trials (Auld, 2001). There are
also few guarantees that the jury will be representative, or that they will be able to reach a correct conclusion. It is these factors that have raised issues concerning the
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