Jury Trial Should Be Abolished Essay

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This essay will look at the effects of a jury being abolished and a jury trial existing. There are certain requirements expected from jurors. These include: being aged 18 to 70 years of age, being registered on the electoral roll that they are randomly chosen on by a computer, and the individual has lived in the UK, Channel Islands or Isle of Man for 5 years after the age of 13. This allows the justice process to be fair and equal as all ethnicities have the opportunity of being randomly chosen allowing a bias free justice process.
The Auld Report by Lord Justice (2001) suggests some cases should be without a jury. This is as Lord Justice views complex cases such as, fraud as too serious and difficult for juries to come to understand leading
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The advantage of the public being involved is the result of a fair justice criminal system and an increase in public confidence. This is as the public can apply their non-legal advice and base their opinions on what they believe. They have the ability to provide empathy instead of applying the laws. The consequence of abolishing trials would result in the defendant not being provided a fair trial undermining The Human Rights Act 1998.
References:
Richard Stone, Textbook on Civil Liberties and Human Rights (Oxford University Press, 2014) 187
Antony Duff, The Trial on Trial: Truth and due process Volume 1 of The Trial on Trial, Antony Duff (Hart Publishing, 2004) 5
Legislationgovuk, 'Article 6 ' (Human Rights Act 1998, 09/11/1998) accessed 27 September 2016
Scottish courts and tribunals service, 'Https://wwwscotcourtsgovuk/docs/default-source/coming-to-court/jurors/guidetojuryserviceeligibilitypdf?sfvrsn=6 ' (Guide to jury service Eligibility and Applying fot excusal, 1974) accessed 27 September 2016
Christopher H. smith, Human Rights in Northern Ireland: Congressional Hearing (DIANE Publishing, 1999) 142
Jennifer Currer and Peter Smith, AQA Law AS: Student 's Book Paperback (Nelson Thornes; New edition 2008)
Kronlid [1996] AC 541 (CA)
Alisdair gillespie and Siobhan weare, The English Legal System (Oxford University
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