THE INCIDENCE OF JURY TRIAL DURING THE PAST CENTURY
| Author | R. M. Jackson |
| DOI | http://doi.org/10.1111/j.1468-2230.1937.tb00013.x |
| Published date | 01 September 1937 |
| Date | 01 September 1937 |
I32
MODERN LAW REVIEW
Sept.,
1937
THE
INCIDENCE
OF
JURY
TRIAL
DURING
THE
PAST
CENTURY
GLANCE at the
Index
to
Legal Periodicals
shows that
attacks upon and defence of the jury system are frequent
themes for legal writers. Any such discussion should have
as a basis something more precise than a general statement about
the declining use for juries, for unless a decline is stated quantita-
tively
it
conveys very little meaning. This paper is in essence
an analysis of statistics, its purpose being to show the incidence
of
jury
trial quantitatively. Legislation and Rules of Court
bearing upon jury trial are dealt with, but, for reasons given
later, no attempt is made to evaluate modes of trial.
As €or the material, some criminal statistics can be found in
the Parliamentary Papers of the early nineteenth century, but
the system of judicial statistics came into operation in
1858
with
an annual publication of both criminal and civil figures.l The
method of compiling criminal statistics was revised and a new
series begun for the year
1892;
the comparative tables were
revised and carried back to
1874;
a
revised system of civil
statistics commenced in
1894.
The revised system was excellent.
During the war some small economy was effected, but the tables
were substantially in the old form. In
1922
a complete change
occurred. The civil statistics, published separately, were reduced
to a meagre size
:
this contemptible economy has continued, and
from
1922
onwards we have little more than an annual pamphlet.
The information given in the current civil statistics is quite
inadequate for any serious study of our legal system. The criminal
statistics appear better, but
I
have not used them intensively
and may be mistaken. All statistical data in this paper have
been extracted from the official statistics or have been calculated
from that material. Gaps in the graph are due to lack of figures
for the years omitted.
Criminal Cases
A
In the earlier part of the nineteenth century criminal offences
in England could be classified as
(I)
Indictable offences, triable
before a jury at Assizes or Quarter Sessions,2 and
(2)
Non-
indictable offences triable before justices of the peace sitting
1
They have been published as Parliamentary Papers, except
1914
(Part
11),
1915, 1916, igro
and
1921
which were published by the Stationery Office as
non-Parliamentary Papers.
2
The Old Bailey, or Central Criminal Court, is included
in
these terms, as
it is the Assize Court for the London Area and Quarter Sessions for the City of
London. The original criminal jurisdiction of the King’s Bench and of the House
of
Lords is numerically unimportant.
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