Essay: Democracy, Juries, and the English Criminal Legal System

This essay provides an overview of the English criminal jury system, focusing on the role and importance of juries within a democratic framework. It explores the current jury process, including the roles of judges, appointment procedures, and the functions of juries in delivering verdicts based on evidence and judge's directions. The essay critically analyzes the jury system, considering its strengths, such as citizen participation in justice and its role as a check against politically motivated prosecutions, while also acknowledging its limitations, such as the lack of required justification for jury decisions and potential biases. The essay examines the jury's impact on high-profile cases and the importance of impartiality and adherence to evidence. The essay advocates for amendments where juries have to submit evidence for their decisions. The essay draws on various sources and references to support its arguments, providing a comprehensive analysis of the jury's place in the English legal system.

LAW ESSAY

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
ESSAY.............................................................................................................................................1
REFERENCES................................................................................................................................4

INTRODUCTION
Essay is written about the current jury system of the English criminal legal system. Essay is
about the role and importance of juries in an democracy. It will involve critical analysis on the
juries whether they help democracy in shining or they are just undemocratic haphazard
legislative.
ESSAY
Current jury process
Under British constitution judges play central role. Constitution deals basic principle of rule of
law. Under this law judges are required to give judgement in an impartial manner with strict
application of law, and ensuring that personal preferences are not affecting the decisions. Judges
in controlling exercise of power play sensitive role in state 1. After passing Human Rights Act,
1998 powers of judges for controlling parliamentary and executive work were increased.
They are playing central role in legal system. President is the head of Court of England
and Wales. He is officially president of Court of Appeal, high court, Crown court, country court
and magistrate courts. President can hear cases of any of these courts, but he only sits in Court of
Law. Hierarchy of judges is given as Lord of Appeal, Lord chief justice, master of rolls, lord
justice of law, high court judge, circuit judge , district judge, district judge of magistrate court
and recorder 2.
The appointment procedures of the judges are critically reformed through provisions in
Constitutional Reform Act, 2005. For knowing the appointment procedures, it is essential to
know the previous procedures. Consultation Reform was published for appointing judges in
2003. Constitutional reform Act was passed for establishments of Judicial Appointment
Commission for process of judicial appointment. Under schedule 12, Commission is having 14
members in which 5 lay members, 5 judges, 2 legal professional, tribunal member & lay
magistrate. Appointment of members is made by Queen on recommendations of Lord
Chancellor. Candidate are selected on basis of merit 3. In Tribunals, Courts and Enforcement
Act, 2007 Part 2 contain provisions for widening the scope of lawyers who are eligible of
1 Gobert J. Justice, democracy and the jury. Routledge; 2019 Jun 4.
2 Legal System. 2019. [Online]. Available through:
<https://www.academia.edu/33291259/English_Legal_System_TENTH_EDITION>.
1

becoming judges. Under this Act candidates are not required to serve the right of audience before
court or junior court for becoming eligible, instead they are eligible based on the post
qualification years. It issues that legal qualification is enough for appointment is judicial court.
Government lawyers are allowed to become judge. And these lawyer are employed in Crown
Prosecution Service, government legal service and serious fraud office. They are allowed to sit as
civil recorders and deputy judges of the district in magistrate court. Evaluation and
recommendation of the candidate is made on merit basis only. Minister cannot choose any
person whose recommendation has not been made by commission. Ministers can ask for
candidates that are not recommended by commission4.
Appointment of of Lord of Chief Justice, heads of division and lord justice of appeal is made
under special provision. Appointment of lord justices & above are made by Queen on advice of
prime minister. In appointment of judges to supreme court appointment commission is not
involved.
Juries are fulfilling an important function in legal system. They have the responsibility of making
decisions on the basis of facts, whether a person is guilty or not on the offence charged on him.
Jury reaches verdict on the basis of evidence introduced in courts and direction of Judge.
Interpretation of law is not made by jury, they just follow directions of judge regarding the legal
matters. During all the trial stages, jurors are required to take noting of proceedings. And these
notes are forwarded to foreman of jury, asking judges to explain some aspects of case5. At the
end of trial issue paper is given to jurors stating the issues to be considered in reaching the
verdict. After the decision are reached by jury , they are returned to court & verdict is read out.
Jury system allows citizens to participate in administration of justices, so verdict are
viewed as of society, than of judicial system & satisfying the constitutional traditions of
judgements. When background of the magistrates are considered they are having special
importance as they are largely middle class and white. Though the juries are having symbolic
3 Edmond G, Mercer D. Scientific literacy and the jury: reconsidering jurycompetence'. Public
Understanding of Science. 2016 Dec 21.
4 Fox RG, Deltondo N. Victorian criminal procedure: state and federal law. Federation Press; 2019.
5 Legal System. 2019. [Online]. Available through:
<https://www.academia.edu/33291259/English_Legal_System_TENTH_EDITION>.
2

importance system is dominated by magistrates and judges. Juries add certainty to law as it
provides general verdict so that misinterpretation are not there. Over criminal cases jury just
states about whether the accused is found guilty or not. Juries are having right of finding
defendants guilty or innocent. They are seen as vital protections against politically motivated and
oppressive prosecutions.
Professor Lloyd Bostock when questioned about the experience. Opinion about the
system was positive stating jubilee line is having enthusiasm for their role. Jury system of
company is playing a significant role in making the arrangements and verdict so that judges can
make decisions for the case. They decide the offence of the person for which it is charged is
having valid basis or not by collecting evidences of the case. Where importance of jury in
criminal justice is nor easily assessable6. In high profile case like Kronlid and Ponting they could
be valuable statements of public feelings about those in authorities. Juries are not given actual
statement about the consciences. Juries not always try the case evidences therefore this could
affect the decisions of court. They are require to try cases on the basis of evidences. Juries do not
give reasons for the decisions framed by them. Therefore the basis on which decisions are
framed are not they are made on justice or not.
Juries are handed with special responsibility of making verdict. They should perform
their jobs without any personal preferences so that court can come on the right decision. The
legal system of the country should come with amendments where juries have to submit evidence
for their decisions.
6 Ouziel LM. Beyond Law and Fact: Jury Evaluation of Law Enforcement. Notre Dame L. Rev..
2016;92:691.
3

REFERENCES
Gobert J. Justice, democracy and the jury. Routledge; 2019 Jun 4.
Edmond G, Mercer D. Scientific literacy and the jury: reconsidering jurycompetence'. Public
Understanding of Science. 2016 Dec 21.
Fox RG, Deltondo N. Victorian criminal procedure: state and federal law. Federation Press;
2019.
Ouziel LM. Beyond Law and Fact: Jury Evaluation of Law Enforcement. Notre Dame L. Rev..
2016;92:691.
Online
Legal System. 2019. [Online]. Available through:
<https://www.academia.edu/33291259/English_Legal_System_TENTH_EDITION>.
4