‘A Jury of Peers’: A Comparative Analysis
| Author | Christopher Edwards,Colin Davies |
| Published date | 01 April 1995 |
| Date | 01 April 1995 |
| DOI | 10.1177/0032258X9506800208 |
| Subject Matter | Article |
'A
Jury
of
Peers':
AComparative Analysis
Colin Davies*
Christopher Edwards**
Abstract The article considers the historical development of the concept
of a
jury
of peers in the UK, which is contrasted with US development.
It
isargued
that
if the
jury
process is to continue as an element of the judicial
process,
then
issues of
jury
selection need
to
be revisited. In outlining the
historical development of
what
is
meant
by the concept of a trial by a
person's peer, it is suggested that there are a
number
of parallels to
contemporary issues of equality. The representation of peer/social groups
on a
jury
panel is considered in the light of contemporary equality and
human
rights laws.
What is a
peer?
The
right
to be
tried
by a
jury
of
one's
peers
is
firmly
entrenched
in
the
common
law.
What
is
not
clear
is
how
this
right
should
be
interpreted.
A
peer
can
be
defined
in a
number
of
different
ways.
This
article
considers
different
applications
of
this
right
to
determine
how
it
has
been
developed
in
the
common
law,
and
whether
it is
appropriate
in
today's
society.
The
Oxford
English
Dictionary
offers
the
following
definitions
of
the
word
'peer':
I a. A
member
of
one
of
the
degrees of nobility, earl, viscount, or
baron.
b. A noble of
any
country.
2 A person
who
is equal in ability, standing, rank, or value; acontempo-
rary (tried by a
jury
of his peers). I
The
right
to
be
judged
by a
jury
of
one's
peers
has
its
origins
far
back
into
the
history
of
the
common
law.
Indeed,
the
way
the
right
to a trial by
jury
developed
has
been
a
major
factor
that
has
distinguished
the
common
law
from
other
legal systerns.!
The
right
can
be
traced
back
to
the
Magna
Carta,
which
states:
No free
man
shall be
taken
or/and
imprisoned, or disseised or
outlawed
or
exiled or in
any
way
destroyed,
nor
will we go
upon
him
nor
will we send
upon
him, except by
the
lawful
judgment
of his peers
or/
and
by
the
law of
the
land.'
*Head of Intellectual Property Law, University of Glamorgan. Currently delivering a
Postgraduate Diploma in Intellectual Property Law at the Patent Office.
** University of Glamorgan. Engaged in research
into
various aspects of intellectual
property law
and
a
member
of the
team
delivering aPostgraduate Diploma in
Intellectual Property Law at
the
Patent Office.
1The
Oxford
Dictionary
and
Thesaurus
(Oxford University Press: Oxford, 1993) 1122.
2 For a
further
discussion, see R. C. Van Caenegern.
Judges,
Legislators
and
Professors
(Cambridge University Press: Cambridge, 1987)
33-8.
3Magna Carta, para. 39 in W. Holdsworth, A
History
of
English
Law,
7th
edn. vol. 1
(1956)
59.
150
To continue reading
Request your trial