This website uses cookies to ensure you have the best experience. Learn more

Juries In The English Legal System

1142 words - 5 pages

Juries in the English Legal System

Juries are also used in certain civil cases such as defamation,
slander and false imprisonment.

When used in cases they have to decide weather the claimant has
successfully proved his or her claim, they also decide the amount of
money that is awarded in damages, this differs from the criminal
court, where the only decision is whether the defendant is guilty or
not.

Jury are lay persons they are non-qualified in law. The jury system
dates back to after the Norman Conquest in Britain and throughout
centuries it has developed to become a fundamental part of the English
legal system. The Magna-Charta recognised the persons rights to trial
by the "Lawful judgement of his peers" this became a usual method of
trying criminal cases the notable case of "Bushel 1670" established
independent of the jury, in Bushels case where several of the juries
refused to bring in a guilty verdict against Quakers who were charged
with unlawful assembly they pleaded not guilty, the judge ordered to
not accept the not guilty claim instead they were all fined and sent
to prison they then appealed to the court of appeal "Court Of Common
Pleas" they ordered to release the jury and said they can not be
punished due to the verdict.

Another case is "McKenna 1960" the judge said bring a verdict in ten
minutes or they will be locked up all night and the jury came to the
verdict of guilty they then appealed to the court of appeal. The court
of appeal decided the judge had interfered with the jury in the
exercise of their duty they had quashed the conviction.

The court of appeal can decide that the appeal has succeeded, in that
case it will probably quash the conviction but it can also decide that
no miscarriage of justice has occurred and allows the conviction to
stand, it can decide the appeal has not been made out and the
conviction stand.

The court of appeal has power to order retrial in certain
circumstances where it would be grossly unjust to quash the conviction
and allow the convict to go free.

Modern day use of jury in England involves only a small percentage of
cases and the jury is used in the following courts:

·The crown court for: Criminal trials for Indictment.

·The high court in the Queen's Bench division for: Slander, Defamation
and False Imprisonment.

In the crown court they decide the verdict in serious criminal cases
(murder, manslaughter).

There are 12 jury members in panelled, the number can be reduced to 9
never lower than 9, they are required to bring a anonymous verdict but
if after the period of time which the judge will decide they are not
able to agree then the judge will give them position to bring a
majority verdict this means a split of 11:1 or 10:2 if...

Find Another Essay On Juries in the English Legal System

Explain the term " Constitutional Reform" in the context of the English legal system

1050 words - 4 pages proposing constitutional reform of some form or another (see appendix 2). This now leads me to explain how the constitutional reforms implemented by the government are affecting the British legal system.Secondly I would identify two main areas of where I believe constitutional reform to be having the greatest impact on the British legal system. This will allow me to show "Constitutional Reform" in the context of the English legal system. These areas

The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System

4139 words - 17 pages The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.’[1] In other words it is an agreement between the prosecution and the defence by which the accused changes his plea

Overview of the Process of Law Reform in the English Legal System

2408 words - 10 pages The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important

Law Essay: The Judiciary of the English Legal system

861 words - 3 pages are appointed by the queen with guidance from the Prime minister, the Lord Chancellor is still very influential.Under the Courts and Legal Services Act 1990 the qualifications for varies judicial posts in the English legal system are contained. Furthermore, to become a judge at any level in the English legal system it is necessary to have qualified as a barrister or solicitor, whereas before the courts and legal services act 1990 there was a

Discuss whether trial by jury should be abolished in the English legal system? Critically analyse the advantages and disadvantages of the system

2010 words - 8 pages be critically analysing whether trial by jury should be abolished in the UK legal system plus evaluating the advantages and disadvantages of the system.Lord Devlin was quoted as saying the jury system is "the lamp that shows that freedom lives". A Jury can decide cases on their idea of fairness, e.g. R v Ponting [1984] civil servant leaked info to a MP on the ground of public interest, jury refused to convict despite no legal defence. Juries are

The English Legal System is based on the age-old system of precedent, which can be strict and inflexible

1415 words - 6 pages may need them. The court structure allows for control and organisation within the English legal system. Without the court, hierarchy there would be a decline in certainty and control. The civil court structure is as follows:Ratio decidendi and obiter dictum are two important features of precedent, which are taken into consideration when a judge has to make a decision in court. The ratio decidendi of a case is the principle of law on which the

Justice in the Legal System

668 words - 3 pages Justice in the Legal System Justice, as defined by Webster’s Dictionary is the quality of being fair or just. This implies that justice would have something to do with being fair. I thought that if one of the things the law and legal system are about is maintaining and promoting justice and a sense of fairness, they might not be doing such a great job. An eye for an eye is fair? No, that would be too easy, too black and white. I could

The Adversary Legal System In Australia

1217 words - 5 pages As the name suggests, the adversary system in Australia refers to a method of trial, which involves contestants or adversaries, that is, it is an adversarial approach in attempting to resolve legal issues between two opposing sides. There are five features of the adversary system in Australia; contest; party control; strict rules of evidence and procedures; role of the judge or magistrate and single event trials. The strengths and weaknesses of

Fairness in the Australian Legal System

1349 words - 5 pages was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules

Analyzing Ethics in the US Legal System

1746 words - 7 pages In the legal system of the United States, there are many controversial topics and crises that have no one solution. Following suit, there is the question of ethics that exists within such an ideology. Some think that the current way of thinking is a sufficient way to run a country; others see changes that need to be executed immediately. The fact of the matter is as such, no one social institution is perfect. Therefore, the legal system is not

Inequality in Legal System

1140 words - 5 pages Inequality Paper Inequality in the Legal System      In the United States, true equality has never existed. From the Declaration of Independence to modern times, the US legal system has failed at any attempt at equality. ‘...all men are created equal...’ may be what the Declaration says, but ‘some men are more equal than others’ is how the legal system really interprets that phrase. The actual reality of the

Similar Essays

The English Legal System Essay

1443 words - 6 pages The English Legal System The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers

The English Legal System Essay

2075 words - 9 pages The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and

The Jury Selection Procedure In The English Legal System

1718 words - 7 pages The Jury Selection Procedure in the English Legal System The theory behind modern day trial by jury can be traced back some eight hundred years, to the sixty-three clauses of the Magna Carta (1215). One of these clauses reads; “ No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way

Criminal And Civil Law In The English Legal System

1893 words - 8 pages awarded against the loser (unlike in the full court). Legal representation is discouraged in this way. An 'integrated' theory of the civil justice system encompasses not merely formal legal rules and state courts, but also the numerous others kinds of dispute resolution mechanisms which exist to resolve civil disputes.