Advantages And Disadvantages Of The System Of Trial By Jury - Essay Example

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The researcher of the essay "Advantages And Disadvantages Of The System Of Trial By Jury" analyzes the jury system in the UK. It is a feature of the English legal system that has existed for hundreds of years but has gradually evolved over time to become an integral part of the legal procedure. …
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Advantages And Disadvantages Of The System Of Trial By Jury
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Download file to see previous pages Another reason behind having trials by jury is to protect the liberty of the accused – because crime is not only a legal subject, it is also social hence, it is important to ensure that the society also renders a certain act as a crime. The advantages of jury trial are numerous. First, it injects in insensitive system an element of humanity: the abstract impersonal trials become closer to reality with the inclusion of law people who judge only on the basis of social conscience, rather than stricto-senso law. This helps in decreasing the undue influence exerted by legal professionals in the adversarial system as Britain who tend to conduct business on strictly legal terms without paying heed to the opinion of the lay majority. Secondly, trial by jury is a manifestation of the right of an accused to be judged his own peers and hence this is also an expression of his liberty. According to Devlin (1956)1 ‘trial by jury is more than an instrument of justice and more than the wheel of constitution; it is a lamp that shows freedom lives’. Therefore, trial by jury is an inherent right of an individual that opens one path for him to ensure that he gets a fair trial. Thirdly, trial by jury is reflective of contemporary social conditions and that helps the defendant in his fair trial. Also, the secret deliberations of the jury members in the jury room after which they arrive at certain verdicts are helpful because they are free from any outside influence; any investigation or interrogation is not allowed into how jury members reached a certain verdict. This helps the jurors to decide on a suitable verdict independently free from any pressure, or remorse from any party. This also ensures that no media intervention is...
The advantages of jury trial are numerous. It injects in the insensitive system an element of humanity: the abstract impersonal trials become closer to reality with the inclusion of law people who judge only on the basis of social conscience. This helps in decreasing the undue influence exerted by legal professionals in the adversarial system as Britain who tend to conduct business on strictly legal terms without paying heed to the opinion of the lay majority.

Trial by jury is a manifestation of the right of an accused to be judged his own peers and hence this is also an expression of his liberty. According to Devlin ‘trial by jury is more than an instrument of justice and more than the wheel of the constitution; it is a lamp that shows freedom lives’. Trial by jury is an inherent right of an individual that opens one path for him to ensure that he gets a fair trial. Thirdly, trial by jury is reflective of contemporary social conditions and that helps the defendant in his fair trial. Also, the secret deliberations of the jury members in the jury room after which they arrive at certain verdicts are helpful because they are free from any outside influence; any investigation or interrogation is not allowed into how jury members reached a certain verdict. This helps the jurors to decide on a suitable verdict independently free from any pressure, or remorse from any party. This also ensures that no media intervention is allowed in the jurors’ room and hence, all the jurors can decide in an impartial and fair way.

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