Jury Reform: Of Myths and Moral Panics

It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Fin...

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Main Authors: DUFF, Peter, FINDLAY, Mark
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 1997
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Online Access:https://ink.library.smu.edu.sg/sol_research/2010
https://ink.library.smu.edu.sg/context/sol_research/article/3962/viewcontent/JuryReform_1997_afv.pdf
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spelling sg-smu-ink.sol_research-39622017-05-22T08:11:05Z Jury Reform: Of Myths and Moral Panics DUFF, Peter FINDLAY, Mark It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal offences simply plead guilty. Second, the great majority of those who assert their innocence are tried in the lower courts where the jury has no place or has long since been removed through the encroachment of summary jurisdiction or the expansion of ‘judge-alone’ trial. Consequently, the proportion of cases heard before a jury is astonishingly low given the significance with which the institution is usually vested and the community confidence which it generates. Why, then, is such importance attached to the institution of trial by jury? 1997-12-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2010 info:doi/10.1006/ijsl.1997.0049 https://ink.library.smu.edu.sg/context/sol_research/article/3962/viewcontent/JuryReform_1997_afv.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Criminal Procedure
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Criminal Procedure
spellingShingle Criminal Procedure
DUFF, Peter
FINDLAY, Mark
Jury Reform: Of Myths and Moral Panics
description It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal offences simply plead guilty. Second, the great majority of those who assert their innocence are tried in the lower courts where the jury has no place or has long since been removed through the encroachment of summary jurisdiction or the expansion of ‘judge-alone’ trial. Consequently, the proportion of cases heard before a jury is astonishingly low given the significance with which the institution is usually vested and the community confidence which it generates. Why, then, is such importance attached to the institution of trial by jury?
format text
author DUFF, Peter
FINDLAY, Mark
author_facet DUFF, Peter
FINDLAY, Mark
author_sort DUFF, Peter
title Jury Reform: Of Myths and Moral Panics
title_short Jury Reform: Of Myths and Moral Panics
title_full Jury Reform: Of Myths and Moral Panics
title_fullStr Jury Reform: Of Myths and Moral Panics
title_full_unstemmed Jury Reform: Of Myths and Moral Panics
title_sort jury reform: of myths and moral panics
publisher Institutional Knowledge at Singapore Management University
publishDate 1997
url https://ink.library.smu.edu.sg/sol_research/2010
https://ink.library.smu.edu.sg/context/sol_research/article/3962/viewcontent/JuryReform_1997_afv.pdf
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