Should trial by jury be retained present the arguements for and Essay

Should trial by jury be retained present the arguements for and against retaining the jury system in criminal court cases. Ref - Essay Example Regardless of the historical subsistence, trial by jury it has gone a long way to constitute the subject matter of extreme censure. If this academic pondering has to be based on reason, it is obligatory to accept that trial by jury is not the only way to establish guilt. It shall be necessary to evaluate the arguments on both sides and determine if trial by jury should be totally retained, rejected or if some modifications can be made to it. What Is The Underlying Principle Behind Trial By Jury? There is a connectedness between democracy and the jury system. Remember that the law should mirror the needs of the society; directly serving the people. Trial by jury allows a group of people, representing a fair majority of the public, to ensure that the law is not misdirected. The blend of society ideas into the criminal law system has been amongst the most persuasive argument for the establishment and continuance of trial by jury. Therefore, it was not mere supposition when Lord Devlin a sserted that trial by jury must exist to serve as a ‘little parliament†1. Trial by jury gives the jury the authority to mix law with facts; jurors therefore freely pursue the ‘prejudices of their affections or passions’2 and find not guilty when their high opinion for the law is presided by the certainty that to penalize would be unfair3. Are There Any Advantages Of Trial By Jury? Trial by jury is the â€Å"best blend of logic and common sense†4. Remember that the understanding of 12 men is almost the best way to arrive at a reasoned verdict, better than that of one person. Trial by one’s peers is a bastion of democracy. Lord Devlin referred to this as â€Å"the lamp that shows that freedom lives†5. The jury deliberates in the jury room where jurors are free from the heat and controversy of external influences on the case. Trail by jury is the best means to determine credibility and reliability of witnesses in criminal proceedings. It is probable that one mind can easily err. This position was reiterated by Lord Devlin when he said: â€Å"The impression that a witness makes depends upon reception as well as transmission, and may be affected by the idiosyncrasies of the receiving mind; the impression made upon a mind of 12 people is more reliable. A judge may fail to make enough allowance for the behaviour of the stupid because by his training he regards so much as simple that for the ordinary man may be difficult. The jury hears the witness as one who is as ignorant as they are of lawyers’ ways of thought†6. There is public participation in the trial process. A good system of law is highly rated as a superior section of civilization, which in its absence; the people lose confidence in the law. This is connected to the notion of popular opinion, whereby society’s standards of justice becomes the only arbiter of guilt7. Inclusion of the society is a mature way to express democracy, and to see thr ough the eyes of the society, a better way to legitimize trials and verdicts. Therefore, moral credibility becomes a legal feature and the legal system becomes more open. What does trial by jury encompasses Trial by jury exists in most common law jurisdictions. For example, in the United Kingdom, offences listed as ‘indictable’ offences have to be tried by judge and jury. There are equally numerous offences which can be tried by the judge or judge and jury8. Statistics however prove that just about an