NCJ Number
90503
Date Published
1983
Length
351 pages
Annotation
This comparison of the English and American criminal jury trial process, using an actual trial transcript of a British bank robbery trial, shows the greater effectiveness and efficiency of the British system, characterized by professionalism and a united effort to convict the guilty and acquit the innocent.
Abstract
Without the competitiveness of the American jury trial, where defendants can rely for acquittal on technical procedural violations of the Miranda or other rules, or the unavailability of a prosecution witness, British trials use simple rules of practice and procedure designed to focus the jury's attention on the factual issues to be decided in the case. The author traces the proceedings at the Magistrates' Court and studies the role of the police, the prosecuting solicitor's office, the defense solicitor's office, and the barristers for both the Crown and the defense. Comparing this with the arrest-to-conviction process in the United States, he explores several areas in which the American system could learn from British experience. His proposal for reform has these critical components: (1) encourage defendants' testimony by prohibiting impeachment by prior conviction, act of misconduct, or reputation or opinion testimony and by permitting comment by counsel or court concerning proper inferences to be drawn from failure to testify; (2) provide full discovery to the accused at the earliest stage of proceeding; (3) encourage discovery through plea negotiation; and (4) encourage the court to control overly aggressive advocacy by either counsel by providing for full discovery and by requiring the court to summarize and comment upon the evidence for the jury. Chapter notes, appendixes, a bibliography, and index are included.