NCJ Number
66163
Journal
American Bar Association Journal Volume: 66 Dated: (MARCH 1980) Pages: 330-332,334
Date Published
1980
Length
4 pages
Annotation
TRIAL BY JURY IN ENGLAND IS DISCUSSED IN THIS ARTICLE WHICH DESCRIBES THE CONDUCT OF A MURDER TRIAL IN LONDON.
Abstract
THERE ARE 35,000 LAWYERS IN ENGLAND AND WALES. ABOUT 31,000 ARE SOLICITORS WHO PREPARE CASES BUT DO NOT HAVE THE RIGHT OF AUDIENCE IN THE HIGH COURTS. SOME 4,000 ARE BARRISTERS, INCLUDING THOSE APPOINTED FOR LIFE BY THE LORD CHANCELLOR'S OFFICE. THE AVERAGE BARRISTER TRIES 200 LAWSUITS A YEAR. SOLICITORS, RATHER THAN BARRISTERS, WORK UP THE CASES. BARRISTERS HAVE NO CONTACT WITH THE ACCUSED CLIENT AND ONLY DOCUMENTS FROM THEIR SOLICITORS ON THE CASE. BRITISH PLEADINGS SET FORTH ALL THE ULTIMATE FACTS ON WHICH THE PARTIES INTEND TO RELY, AND THERE IS NO NOTICE PLEADING AS IN THE AMERICAN COURT SYSTEMS. DISCOVERY IS LIMITED ONLY TO DOCUMENTS OR WRITINGS RELEVANT TO THE ISSUES ALREADY SET FORTH. BRITISH LAWYERS GO TO COURT TO ENFORCE A CAUSE OF ACTION. AT THE OUTSET IN ENGLAND, THE CARDS ARE ON THE TABLE. THE TRIAL SYSTEM IS COMPLETELY ORAL AND CROSS-EXAMINATION AND SURPRISE ARE CONSIDERED ESSENTIAL TOOLS IN DETERMINING THE TRUTH. BRITISH JUSTICE ALSO WORKS WELL BECAUSE JUDGES ARE SPECIALISTS--ADMIRALTY JUDGES, COMMERCIAL, PATENT, CHANCERY, AND CRIMINAL. CASES ARE STEERED TO THE JUDGES WHO HAVE APPROPRIATE SPECIALIZATION. THE BARRISTER IS ALSO A SPECIALIST UNDER THE SYSTEM AND THE COMBINATION EXPEDITES HEARINGS AND OTHER PROCEDURES. THERE IS A PERVASIVE GOOD WILL AND PROFESSIONAL CIVILITY AMONG THE BARRISTERS AND THE BENCH. TRIALS ARE SWIFT AND THERE IS NO PROSECUTION REBUTTAL. DEFENDANTS TESTIFY IN THEIR OWN BEHALF. BRITAIN'S APPELLATE SYSTEM IS ALSO DIFFERENT FROM THE AMERICAN SYSTEM. THERE ARE NO BRIEFS ON APPEAL AND NO TRANSCRIPT OF TESTIMONY WHICH IS ORAL. THE CASE IS DECIDED BY THE THREE JUDGES WITH LAWYERS PARTICIPATING AND THE BARRISTER'S DUTY NOT TO DECEIVE THE COURT IS TAKEN VERY SERIOUSLY. (MJW)