The place of the explained verdict in the English criminal justice system
Abstract
Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon
throughout the common law jurisdictions. While not claiming credit for its origin, England, as
the latent cradle of the modern jury, disseminated this mode of trial to a great part of the world
through colonization. Yet, trial by jury does not enjoy constitutional protection under English
law. The system has been under severe criticism, curtailment and considerable pressure in recent
times, perhaps far more than in other countries. Critics have demanded reform or outright
abolition and supporters have opposed the demands just as vehemently and any reform achieved
has been piecemeal and reluctant. The furore has helped to galvanise robust and extensive
intellectual debate on the subject. It has also spurned extensive academic research. Trial by jury
remains central to a tiny but significant part of the Criminal Justice System. Yet, the jury, unlike
other decision-making bodies, retains the power to deliver a verdict that is unique by its lack of
an explanation. The issue does not sit comfortably with those who would have the system
abolished or pray fair trials. The matter is traced to antiquity and the modern democracy
struggles to articulate jury accountability.
This paper, the first to investigate the place of an explained verdict in the English Criminal
Justice System, explores the competence of the jury to articulate an explanation for its verdict.
In that pursuit, the paper engages in an analysis of the current state of jury trials in relevant
legal and academic literature. It also engages in a comparative analysis of other jurisdictions and
finds it instructive and prudent to draw extensively from the legal and social scientific
experiences and experiments in selected parts of the world including the new quasi-jury systems
in Europe. It explores the literature of legal scholarship and the social sciences and investigates
the human psychology of decision-making based on selected text. Finally, it articulates the
argument embodied in the hypothesis and the challenges facing its findings. The thesis
concludes by examining the implications for its conclusions and sets the stage for areas of further
research.
Publication date
2006Published version
https://doi.org/10.18745/th.14349https://doi.org/10.18745/th.14349