Impact Of Jury Trial System In Bangladesh

1912 Words8 Pages
Nahid Sultana Jenny

Abstract: In countries with the jury trial system, the jury play a vital role in the judiciary. In most of the countries, it is strongly perceived that the jury trial lies at the heart of a free nation. It ensures freedom and democracy. It protects rights of citizen of a nation. Bangladesh, while it was part of British India, had the jury trial system. Because of high acquittal rate by the jury, the system was abolished in 1960. The situation is likewise in many other countries of the world, however, those countries are recently rethinking on reviving the trial system. This article is an attempt to compare the situation of Bangladesh with those countries and the prospect of revival of jury trial system into the criminal justice system of Bangladesh.

Judiciary plays an incommensurable role in a society. Without an effective judicial system a free nation loses its identity. Judiciary in Bangladesh has been a subject of controversy for a long time. It has many shortcomings, starting from delay, to biasness and corruption. However, the objective of this work is to discuss the possibility of changing the criminal justice system of Bangladesh by introducing the concept of ‘trial by peers’, i.e. Jury Trial.

Lord Devlin observed that the right to trial by jury lies at the heart of every free nation. In 1956, he expressed that, ‘Each jury is a little parliament.... No

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