Judge Without Jury
John Jackson, Seán Doran
Abstract
John Jackson, Seán Doran
Abstract
Abstract Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.
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Abstract Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.
Key concepts: Jury, Adversarial system, Hung jury, Jury trial, Law, Psychology, Jury selection, Character (mathematics)