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Critically consider the proposition that trial by jury has out lived its usefulness and that it should, in the interests of justice and as a matter of some urgency, be abolished.
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Critically consider the proposition that trial by jury has outlived its usefulness and that it should, in the interests of justice and as a matter of some urgency, be abolished. In order to critically evaluate the positive and negative aspects of the jury system it is essential that firstly, the purpose of a jury is established then secondly, we analyse whether the current system is fulfilling that purpose. The purpose can be segregated into three distinct principles1. The first is that the jury must decide the facts of the case and based upon those facts, determine guilt. Secondly, the jury adds certainty to the law. This means that when the jury delivers its verdict of either guilty or not guilty, it does so without giving reason and that verdict is not open to dispute. Thirdly, the jury provides what may be termed as the "just face" of the criminal justice system,...
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