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Juries an essential bulwark against oppression or an inefficient anachronism?
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| Submitted: Mon Feb 16 2004
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JURIES AN ESSENTIAL BULWARK AGAINST OPPRESSION OR AN INEFFICIENT ANACHRONISM? Lord Devlin put at its highest in his book 'Trial by Jury':- "The first object of any tyrant in Whitehall would be to make Parliament utterly subservient to his will; and the next to overthrow or diminish trial by jury, for no tyrant could afford to leave a subject's freedom in the hands of 12 of his countrymen. So that trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives". But Professor Hogan of Leeds University, one of the leading academic experts on criminal law, put the opposite:- "In my view, trial by jury has long awaited its usefulness. We preserve it because it's a scared cow. It's been with us for so long and we're failing to look carefully into it, to see what it does, and...
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