Evaluating the jury in the English legal system - Essay Example

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This paper attempts to comprehensively analyze the Jury present in the English legal system.It (paper) would examine the strengths and weaknesses of the jury,based on the current state of affairs.Also,the paper would go on to suggest the manner in which improvements can be brought about in this system …
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Evaluating the jury in the English legal system
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Download file to see previous pages This paper attempts to comprehensively analyze the Jury present in the English legal system. It (paper) would examine the strengths and weaknesses of the jury, based on the current state of affairs. Also, the paper would go on to suggest the manner in which improvements can be brought about in this system (jury). Before proceeding further with the discussion on all the aspects mentioned in the previous paragraph, it would be of help in having a brief look at the jury, as it is seen in the English legal system. Jury Historically, the concept of jury has been there in the English legal system for nearly the past eight centuries. But it was only in the year 1670 that a jury having its distinct power and which is not dependent on the judge was formed. In the criminal cases, the jury comes to the decision whether or not the crime in question can be attributed to the defendant. Likewise, in the civil matters, the jury decides whether the claimant has come forward with proof strong enough to strengthen their case. Here, the jury also arrives at a collective decision about the eligibility of the claimant to receive compensation. (1) As per the English Law, a person can become a part of the jury, only if they satisfy some conditions. Firstly, the age of the person should not be less than eighteen and more than seventy. To become part of a jury, it is imperative that the electoral roll has name of the person, and it is also required that they have been a resident of the United Kingdom for a minimum of five years, right from the time when they were thirteen. Here, it needs to be noted that persons who are directly related to the judiciary or the department of justice cannot be included in a jury. People who have developed any mental ailments are not eligible to get included in the jury, too. (1) At this point, it needs to be specifically mentioned that all the above are only the most vital points pertaining to jury of the English legal system. It has to be understood that there are several other laws and regulations governing the avenue (jury). As is the case with most of the systems, even the jury has both strengths and weaknesses, and the paper would now endeavor to have a look at them (strengths & weaknesses). Strengths There are several advantages of the jury system of the English Law, and a brief glance at some of the major ones (strengths) would be very much appropriate. Whenever a person accused of a crime is in a position that, despite being innocent the related legal aspects are very much against them, they can take the help of jury. And it is a matter of common sense that there are countless legal cases where, the points enumerated in the law books cannot be of help to the defendant in proving their innocence. (2) Likewise, the jury system can be conveniently rated as being a safeguard to the common man of the country, as it prevents the government from adopting an autocratic approach. To put it in other words, the jury makes sure that the government cannot imprison people solely for furthering its political objectives. A person can be jailed only when they are guilty of committing a crime, as per the British Law. The jury goes a long way in making sure that the citizens of the land are not victimized by the corrupt acts of judges. (2) One of the major advantages of the jury as per the English Law is that, it enables common people of the Kingdom to participate in the process of delivering justice. As a result of that, it can be safely concluded that, the eventual judgment is nothing but the common verdict of people pertaining to varying backgrounds. It (judgment) can in no way be the decision of just one official of the judiciary, courtesy the presence of jury system. In addition, the juries go a long way in making sure that the verdict delivered by them is free of ambiguity. They just need to decide whether the accused in question is innocent or guilty. (3) As mentioned earlier, the members of a jury come from diverse social backgrounds. Owing to ...Download file to see next pagesRead More
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