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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Unreasoned Verdict - The Jury's Out (Hardcover)
Loot Price: R1,688
Discovery Miles 16 880
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Unreasoned Verdict - The Jury's Out (Hardcover)
Expected to ship within 12 - 17 working days
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Donate to Against Period Poverty
Total price: R1,708
Discovery Miles: 17 080
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The system of jury trial has survived, intact, for 750 years. In
the light of contemporary opposition to jury trial for serious
offences, this book explains the nature and scope today of jury
trial, with its minor exceptions. It chronicles the origins and
development of jury trial in the Anglo-Saxon world, seeking to
explain and explore the principles that lie at the heart of the
mode of criminal trial. It observes the distinction between the
professional judge and the amateur juror or lay participant, and
the value of such a mixed tribunal. Part of the book is devoted to
the leading European jurisdictions, underlining their abandonment
of trial by jury and its replacement with the mixed tribunal in
pursuance of a political will to inject a lay element into the
trial process. Democracy is not an essential element in the
criminal trial. The book takes a look at the appellate system in
crime, from the Criminal Appeals Act 1907 to the present day, and
urges the reform of the appellate court, finding the trial decision
unsatisfactory as well as unsafe. Other important issues are
touched upon - judicial ethics and court-craft; perverse jury
verdicts (the nullification of jury verdicts); the speciality of
fraud offences, and the selection of models for various crimes, as
well as suggested reforms of the waiver of a jury trial or the
ability of the defendant to choose the mode of trial. The section
ends with a discussion of the restricted exceptions to jury trial,
where the experience of 30 years of judge-alone trials in Northern
Ireland - the Diplock Courts - is discussed. Finally, the book
proffers its proposal for a major change in direction - involvement
of the defendant in the choice of mode of trial, and the
intervention (where necessary) of the expert, not merely as a
witness but as an assessor to the judiciary or as a supplemental
decision-maker.
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