what is the function of a jury should the right to jury be restricted
‘What is the function of a jury and should the right to jury trial be restricted?’ Trial by jury is an ancient and democratic institution that for centuries has provided an opportunity for 12 ‘randomly’ selected members of the electoral register to participate in the administration of the legal the legal system. This offers the rest of the public reassurance that justice is being carried out, the jury also acts as a restraining influence on the professional judiciary. In recent years the use of jury trials has been declining particularly in civil cases it is also thought by many that the right to jury trial should be restricted which has roused strong emotions by some historians, civil libertarians, politicians, judges and laypeople. ... 183) Trial by jury is mainly used in the more serious criminal cases for example murder, rape, assault and fraud which take place in the crown court. There is no jury in the magistrate’s court which try about 97 per cent of criminal cases. About 70 per cent of defendants at the crown court plead not guilty which means a jury is not needed so they are only used in about 0. ... In the twentieth century the civil jury suffered a serious decline. Although a jury of eight can be called in the county court at the discretion of the judge. The judge deals with the questions of law and the jury deals with the questions of fact. The judge controls the trial and directs the jury, the role of the jury is always passive. The jury listen and form opinions then the judge sums up the evidence which is very important. ... The jury retire to consider their verdict in private this will take at least two hours if a unanimous verdict hasn’t been reached after two hours and twenty minutes then the judge will recall them and give them permission to come to a majority verdict. ... The majority verdict, which was first introduced by the Criminal Justice Act 1967 this was brought in to stop friends and family of the defendant trying to interfere with the members of the jury. ... After the verdict has been given the jury no longer is involved in the case or sentencing.