Reason Curve, Jury Competence, and the English Criminal Justice
System, a cross-jurisdictional and cross-disciplinary book, seeks
to stimulate discussion and extend the debate in the area of
criminal trials in light of the absence of an articulated
explanation for a verdict. The book traces the history and
development of the jury, from the Carolingian kings, its
advancement in the English Courts following papal intervention, the
impact of the Magna Carta, to its general use, current curtailment
in England and Wales, and re-emergence in Continental Europe.
Central to the book's submission is the dictum that the jurors'
franchise to deliver a cryptic verdict is 'a matter between them
and their conscience.' In light of human and civil rights
movements, the book advances arguments that a cryptic verdict may
offend the principle of fair trials in criminal justice. This is
amplified by the presence of a developing and significant body of
law that demands that decisions by public officers be accompanied
by articulated pronouncements regarding the basis for their
decision. While the book does not contend with the sanctity of jury
deliberations and recognizes the difficulties associated with
reason articulation by lay assessors, it argues that the jury
continuum provides a fertile ground not only for articulating a
verdict in light of human experiences, but also for generating the
reason curve, which provides legitimacy for that verdict.
Furthermore, the reason curve argues that it is entirely possible
for the jury to articulate its reasons provided the Criminal
Justice System makes provisions not just to expect an explained
verdict from the jury, but also provides it with the necessary
facilities needed for compliance. Exploring research and sources in
the fields of law and psychology in Europe, the USA, and other
jurisdictions around the world, this book is written for an
international audience as a catalyst for the student of legal
jurisprudence who has interests in the concepts of reason,
accountability, transparency, and human rights in the criminal
justice system. It is also written for the cognitive and behavioral
psychologist with an interest in lay decision-making in criminal
trials. In the large legal jurisdictions of the USA and Canada, the
right to a jury trial is enshrined in state articles. As such,
there is less tinkering with the institution. In England and Wales
where Parliament is supreme and the constitution is unwritten, no
such right exists. Consequently, the government enjoys tremendous
leeway in tinkering with the 'right to jury trial.' Whether or not
the institution can evolve to deliver a 21st Century approach is a
matter for full debate, research, and the march of time.
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