The Desirable Dozen
| Published date | 01 April 2012 |
| Date | 01 April 2012 |
| DOI | 10.1350/jcla.2012.76.2.753 |
| Author | Gary Slapper |
| Subject Matter | Opinion |
OPINION
The Desirable Dozen
Gary Slapper*
Global Professor, New York University, Director of New York University in
London, door tenant at 36 Bedford Row, Chambers of Frances Oldham QC
The jury has come in for some unkind words. Robert Frost said ‘a jury
consists of twelve persons chosen to decide who has the better lawyer’.
The American comedian Norm Crosby said that ‘When you go into
court, you’re putting your fate into the hands of twelve people who
weren’t smart enough to get out of jury duty’.
Like many institutions, naturally, the jury is weakened by the peri-
odic folly of the people who are its lifeblood. However, as an intrinsic
part of democracy, the jury is invaluable so rumours that government is
considering paring down its use should cause significant anxiety and
trigger appropriate resistance.
According to the Magistrates’ Association, ministers are considering
restricting defendants’ ability to choose jury trial in less serious
offences.1
The proposal, supported by magistrates, is being advocated as part of
the Ministry of Justice’s planned economies, building on lessons learned
from processing thousands of offenders after the riots in the summer of
2011.
The category of ‘either way offences’ is the one likely to be affected.
The classically cited cases in this category are: relatively low-value theft,
such as shoplifting, or minor cases of criminal damage.
Ministers have, evidently, been impressed with the speed with which
justice was dispensed after the 2011 August riots. A White Paper on
proposals to be adopted following the riots is being composed by the
Ministry of Justice.
The jury is such an important part of social governance that any
diminution in the public right to use it as tribunal of fact should be
opposed.
British life has given to the world a number of prized institutions.
Schemes, techniques and innovations developed in Britain have been so
successful that they have been mimicked and adapted all over the globe.
Scores of...
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