NCJ Number
172135
Journal
Law and Human Behavior Volume: 21 Issue: 4 Dated: (August 1997) Pages: 439-448
Date Published
1997
Length
10 pages
Annotation
This article compares British and American trial procedures.
Abstract
A number of attorneys, judges, and legal scholars have asserted that the overly combative nature of American trials may affect the actual quality of justice and bring the legal system into disrepute. In contrast, many who witness criminal and civil trials in Great Britain are struck by the greater apparent civility of the courtroom atmosphere. Closer examination of the English system reveals specific procedural differences that may contribute to this perceived difference in atmosphere: (1) the judge's more active role in controlling admission of evidence and questioning witnesses directly; (2) confining attorneys to their tables; (3) dealing with objections outside the jury's presence; (4) resolution of disagreements between opposing attorneys prior to objections being made; (5) presenting opening defense argument at the time of the prosecution case; and (6) judge's summation of the evidence presented after closing arguments and prior to instructions. The study manipulated those procedural differences, measured their effect on verdict and on perceptions of trial participants, and elicited opinions about the differences. Results showed that, while the British trial was perceived as more civil and the judge viewed more positively, participants tended to prefer the American style. Notes, tables, references