Trial by Jury

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Kent Parker
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Joined: 24 Jul 2009
Trial by Jury

It is interesting to note that trial by jury, the right to a fair trial and the right to not be detained without charge have all been part of the British legal system since about 1215.  This was the time of King John and the Magna Carta.  Prior to widespread use of trial by jury suspects experienced trial by ordeal, which is similar to the witch trials in the middle ages, in which suspects were dunked in a river.  In trial by ordeal, God judged the outcome of the physical ordeal that was inflicted on the suspect, however other more tangible psychological events took place (eg confessions).  If the suspect survived the ordeal then presumably God had made his judgment, or as the wikipedia article suggests, if a person was prepared to face the trial, then the trial was often rigged so that the suspect survived.

Trial by jury is a good system because it means that justice is not vested in any particular socio-economic group, which would be the case if all cases were decided by the judiciary.  In the Bain case, this is why it is so important that there was a retrial in front of a jury and why the Privy Council ruled that the Appeal Court was out of place in turning down the many appeals.  It is why they granted a retrial.

Mike Stockdale
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Joined: 19 Nov 2009
Trial by jury

I think the problem with trial by jury now is the internet.I read just the other day,and I am fairly hazy on the details,where a juror was discussing the case on facebook,or suchlike.It was a drugs case,I think,in England.I think she was found guilty of contempt of court and sent to prison.What's more the accused is now appealing his conviction because of what that juror said and may well be set free.

But in the US jurors can discuss the case if they wish to.I don't know if they can discuss it on the internet,but they can be intervieved by a producer of a documentary about the case.For example,if Bryan Bruce was investigating a case in the US he could interview jurors providing he had their permission.

Ralph
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Joined: 25 Jul 2009
A wind change

The internet,blogs  and social networking have certainly being a wind change as far as influencing Juries are concerned. The Bain retrial was debated and discussed furiously throughout. the proceedings.Rather like the debates down at the pub the pub.Neighbour 's fence of old  The Courts in some ways have a lot of catching up to do.

Mike Stockdale
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Joined: 19 Nov 2009
This sort of thing will become more prevalent

http://blogs.birminghammail.net/technobabble/2011/06/juror-jailed-for-discussing-ca.html

This is the case I was referring to.

Kent Parker
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Joined: 24 Jul 2009
You could argue that the

You could argue that the internet has not really changed anything.  There has always been media, whether it is newspapers (since 1500s) or word of mouth (which is the facebook equivalent).  In the first juries, the suspect's neighbours were chosen, since they invariably knew the suspect and therefore their judgment was at an advantage (what we'd call prejudiced or biased these days). 

In the Bain case, the most effective means of influencing the jury would have been the publication of the two books, Karam's appearances on the Holmes show and his speaking tours.  Any trial that has been subject to pre-trial publicity to this extent is going to be prone to prejudicial influence.  The environment prior to a criminal trial is normally fairly santized because media respect the sub judice rule but when it comes to a retrial, that is less often the case, because of the time that has lapsed and the media publications put out by supporters of the criminal suspect.  Add to that, the common fact that the dead cannot speak and their argument usually weakens with time.  In the case of Robin Bain this is so true.  His reputation has been successfully sullied for the purpose of freeing the accused.

GoldnKiwi
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Joined: 19 Jun 2011
Trial of the victim.

It must always have been like that, certainly in rape cases but perhaps we are just more aware of it in murder cases now, possibly because of the profile of the Bain case.  It has certainly been a factor in the Weatherston case and again in the statements from a victims family in Taranaki. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10733117