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Advantages & Disadvantages of the Jury System

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THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence. The modern jury is composed of a maximum of 12 members. Typically, in murder and treason, the jury consists of 12 members, while in other criminal trials it may be 9. In civil matters, the jury often consists of 9 members. Before …show more content…

This is with respect to criminal cases triable in the Supreme Court. This was discussed in The COP v Davis (1993). The case concerned an attempt to try and punish drug-related offences through the magistrates' courts, but using penalties similar to those found in the Supreme Court. The court found that this was an unconstitutional attempt to oust trial by jury. Trial by jury is also constitutionally protected in the USA. THE JURY Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury. JURY SELECTION A panel of jurors must be selected to appear before the court (usually about 50 or so persons strong) from which the array (final jury number) is to be selected. This panel is chosen from person whose names, addresses etc have been placed on what is called the Juror's list [See: CH 6:53 S 20] This list, preparation of which is laid out in detail in CH 6:53 S 10 (the Jury Act) is complied from information collected from 1. The chief election officer's voting list sec.10 (1) 2. The Inland Revenue board sec.10 (2) (c) 3. The

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