Alternatives to Jury Trial

Question 1

What are the 4 alternatives to jury trial?

Answer 1

• Trial by a single judge
• A panel of judges
• A judge plus lay assessors
• A mini-Jury

Question 2

What is the method of trial in the majority of civil cases?

Answer 2

trial by a single judge

Question 3

Why is trial by a single judge regarded as the most popular method of trial?

Answer 3

it is regarded as producing a fairer and more predictable result

Question 4

What was trial by a single judge brought into Northern Ireland until 2007?

Answer 4

as Lord Diplock wanted to replace jury trial due to ‘jury nobbling’

Question 5

Who brought in the use go trial by single judge into Northern Ireland until 2007?

Answer 5

Lord Diplock

Question 6

Why are some people critical of trial by a single judge? (4)

Answer 6

• case hardened
• prosecution-minded
• from an elite group
• individual prejudices are more likely than in a jury

Question 7

Why is the fact that judges are usually from an elite group a critique of Trial by a Single Judge?

Answer 7

as they are more likely to have little understanding of the background and problems of defendants

Question 8

What point combats the critique that judges are from an elite group?

Answer 8

-Judges are well trained to evaluate cases and are now being given racial awareness training

Question 9

How doe evaluative and racial awareness training an advantage of Trial by a Single Judge?

Answer 9

this makes judges better arbiters of fact than an untrained jury

Question 10

What is an advantage of the method of trial by a panel of judges?

Answer 10

This allows for a balance of views instead of the verdict of a single person

Question 11

Although there are several judges in a panel of judges, how may this still be a disadvantage?

Answer 11

• still become case-hardened
• prosecution-minded
• coming from an elite background

Question 12

Why would it be difficult to instate the method of a panel of judges for trial?

Answer 12

There are not sufficient judges and our system of legal training and appointment would need a radical overhaul to implement this proposal

Question 13

Under the trial method of a judge plus lay assessors how many law people would be making the decision with the judge?

Answer 13

2

Question 14

Which countries is the method of a judge plus lay assessors used?

Answer 14

Used in the Scandinavian countries

Question 15

Why do some prefer the use of a judge plus lay assessors?

Answer 15

Provides the legal expertise of the judge together with lay participation by ordinary members of the public

Question 16

How could the lay people be chosen in the method of a judge plus lay assessors?

Answer 16

• same way as selecting juries

- a special panel could be drawn up as in tribunal cases

Question 17

Where in the world is a mini jury most commonly used?

Answer 17

in many continental countries

Question 18

In many continental countries where a mini jury is often used how many jurors are involved in making a decision?

Answer 18

9

Question 19

What country in particular uses a jury of 9 in certain criminal cases since 1996?

Answer 19

Spain

Question 20

Where can a jury of 6 be used for less serious criminal cases as a trial method of a mini jury?

Answer 20

some American States