Unit 6. The value of juries

Text 1: FALLING BASTION?

How valuable is the jury in modern times? This is a very controversial question. On the one hand the jury has much ancient history behind it (though some scholars have argued it is more mythology than true history) as a bastion of the liberty of the subject against repressive governments. To a minor degree the jury can, and occasionally still does, play this role.

The jury system is the ordinary citizen's link with the legal process. It is supposed to safeguard individual liberty and justice because a commonsense decision on the facts either to punish or acquit is taken by fellow citizens rather than by professionals. But the system has been criticized because of its high acquittal rates; allegedly unsuitable or subjective jurors; intimidation of jurors; and administrative reason for saving time and costs.

Throughout the world the use of jury trials is limited. The French Revolution initiated trial by jury in continental Europe, and this spread to other civil-law countries, but only for criminal trials. In the 20^th century jury trials have been abandoned or eliminated in most civil-law countries. Jury trials survive primarily in the common-law countries, above all, the United States. Even there and in England jury trial has declined in favor of trial by judge. Many critics urge the curtailment or elimination of the jury trial as an amateurish and inefficient method of determining a legal issue. Critics would like to replace the jury with panels of experts in relevant fields. But, after widespread opposition to such proposals, it seems as though the jury will continue in its present form.

Exercise 1: Translate the following quotations:

Words of Wisdom About Jury Service

The jury, passing on the prisoner's life, May have in the sworn twelve a thief or two Guiltier than him they try.

William Shakespeare

Our civilization has decided... that determining the guilt or innocence of men is a thing too important to be trusted to trained men... When it wants a library catalogued, or the solar system discovered, or any trifle of that kind, it uses up its specialists. But when it wishes anything done which is really serious, it collects twelve of the ordinary men standing round. The same thing was done, if I remember right, by the Founder of Christianity.

G. K. Chesterton

"Write that down," the King said to the jury, and the jury eagerly wrote down all three dates on their slates, and then added them up, and reduced the answer to shillings and pence.

Lewis Carroll

I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.

Thomas Jefferson

It's not only the juror's right, but his duty to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.

John Adams

Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor.

Justice Byron White

Text 2: Read the article describing the current debate on jury system in the UK: