NCJ Number
42214
Journal
SOCIOLOGICAL REVIEW (DECEMBER 1976) Pages: 202-225
Date Published
1976
Length
24 pages
Annotation
THIS ARTICLE CRITICIZES TRADITIONAL RESEARCH REGARDING THE EFFICIENCY OF THE BRITISH JURY SYSTEM AS INADEQUATE, AND EXAMINES THE IDEAS AND ASSUMPTIONS THAT LIE BEHIND BOTH THE ACADEMIC EFFORT AND THE LEGAL-POLITICAL DEBATE.
Abstract
THE AUTHORS FIRST EXAMINE THE KIND OF RESEARCH THAT HAS BEEN DONE INTO JURIES AND SUGGESTS THAT ITS THEORETICAL AND METHODOLOGICAL BASIS IS INADEQUATE. NEXT, IT IS ARGUED THAT MOST RESEARCHERS ARE ASKING THE WRONG QUESTIONS ABOUT JURIES. IT IS SUGGESTED THAT WHAT IS USUALLY ASKED IS THAT WHICH IS 'TESTABLE', BUT IN THIS CONTEXT THAT WHICH IS TESTABLE IS NOT REALY WORTH ASKING. CRITICISMS OF THE JURY SYSTEM ARE ILLUSTRATED AND LISTED WITH REFERENCE TO A PIECE OF FIELD-WORK RESEARCH CARRIED OUT BY THE AUTHORS. FINALLY THE AUTHORS EXAMINE THE ARGUMENTS FOR AND AGAINST THE FURTHER RESTRICTION AND EVEN ELIMINATION OF THE PLACE OF THE JURY IN THE ENGLISH LEGAL SYSTEM.(AUTHOR ABSTRACT MODIFIED)...TWH