The Jury System

PART 1 (A)

THE JURY SYSTEM

A justice system should be founded upon the principle that the system is accessible to all persons. The existence of an efficient system is undoubtedly central to development. Access to justice concerns independence, impartiality and fairness of judges, legal literacy and aid, pro-poor laws and civil participation in legal and judicial reform. Access to justice is a fundamental right in all democratic societies. This brings me to the area I have chosen: The Jury System.

The right to Trial by Jury can be traced back to Magna Carta (The Great Charter of Liberties, 1215) and the independence of the jury from the judge was established in Bushells Case (1670). The jury performs specific roles. In criminal cases, the jury decides if the defendant is guilty or not. In civil cases, the jury decide if the claimant has proved their case and the amount of damages. However, it is a right in only 4 types of civil case: defamation over £10,000, malicious prosecution, false imprisonment and fraud. It is discretionary in other civil cases.

Qualifications for Jury Service. - Before the Criminal Justice Act, there was a list of persons who could avoid jury service, or for whom it was thought inappropriate. This list included judges and police officers. The qualification for jury service, Juries Act 1974 as amended by Schedule 33 Criminal Justice Act 2003 are as follows: A person must be between 18 and 70, registered on the electoral role, lived in the UK for at least 5yrs since the age of 13. (S 1 of Juries Act 1974). Disqualified persons are persons who are on bail in criminal proceedings. Disqualified for life is a person who was sentenced to life imprisonment, or to a term of imprisonment of 5yrs or more.

People, who are ineligible for jury service, are people suffering from mental disorders, the judiciary and others concerned with the administration of justice, the clergy and custody officers. Those who are eligible but excused as of...