Is the jury trial a lottery?

Abstract

Acquittals in some recent high-profile criminal cases have led to criticism of the jury system and calls for its modification. The central idea that a jury trial is ‘of one's peers’ is examined in the light of legislation affecting the operation of the jury and the process of jury empanelment. Direct research observation of jury decision-making is prohibited by legislation in the UK and USA and this has led to a legalistic emphasis in this research area, which is regrettable. The ability of the jury decision to reflect social opinion about the nature of right and wrong is emphasized. Rather than the jury being the scapegoat for those who have criticisms of the criminal justice system, the real culprit is seen as simply the end product of the legal process.

Key Words:

• jury trial
• jury selection
• social opinion
• jurors' decision-making
• disclosure/secrecy