NCJ Number
19229
Journal
Australian Police Journal Volume: 28 Issue: 2 Dated: (APRIL 1974) Pages: 100-110
Date Published
1974
Length
11 pages
Annotation
A CASE STUDY OF AN ACTUAL 1970 BRITISH ROBBERY TRIAL IS USED TO EXAMINE THE POSITIVE AND NEGATIVE ASPECTS OF THE INSTITUTION OF TRIAL BY JURY IN ENGLAND.
Abstract
THE AUTHOR MAINTAINS THAT A HIGH DEGREE OF JUDICIAL CONTROL OVER THE JURY - THROUGH 'TRIAL WITHIN A TRIAL' DETERMINATIONS OF EVIDENCE ADMISSIBILITY TO WHICH THE JURY IS NOT A PARTY AND JUDICIAL HOLDINGS OF 'NO CASE TO ANSWER' (INSUFFICIENT EVIDENCE PRESENTED AGAINST AN ACCUSED) WITH THE ACCOMPANYING JURY INSTRUCTION TO ACQUIT - LEAVES IT IN MOST CASES, WITH THE 'A SIMPLE CHOICE OF DECIDING WHO HAS GOT THE FACTS RIGHT.' HOWEVER, HE CONCLUDES THAT THE INSTITUTION OF JURIES NEEDS NO OTHER JUSTIFICATION.