Please do read this important article by Peter Hitchens…
This is a great article about juries from Peter Hitchens and is well worth a read. However, Hitchens may not fully grasp the immense power of an authentic common law trial by jury – where jurors judge both the law and the facts independently of the judge, whose role should ideally be limited to that of an advisor and facilitator. Let’s delve into the key points raised in the article.
Limited Use of Juries:
Hitchens doesn’t seem to acknowledge the startlingly low percentage of criminal cases that actually make it to a jury in our country (approximately 1 percent)(1). Additionally, he overlooks the issue of Magistrates’ Courts trying cases, including serious ones, without a jury.
The Problem of Majority Verdicts:
While the author raises concerns about majority verdicts, it’s worth noting that in an authentic trial by jury, the judgment can still be Not Guilty if just one juror finds the defendant innocent.
The Erosion of Trial by Jury:
Hitchens astutely recognizes how our system has gradually chipped away at trial by jury over the years and emphasizes the dangerous implications of any further erosion. He understands that powerful entities, fearing the influence of juries, have led to the abolition of this institution in many regimes. As Brown and Neal articulate, the demise of the jury has been achieved subtly through constant affirmation of its significance, rather than through direct attack or denigration(2).
Counterargument Against Detrimental Claims:
Hitchens references the research conducted by Cheryl Thomas QC, which effectively counters the arguments suggesting that jurors are unintelligent, lazy, biased, etc. This research serves as a valuable tool for debunking such claims. For more information and references to this research, refer to the provided dissertation link.
The Scottish Experiment and the Role of Lawyers:
The author highlights an interesting case where the Scottish government attempted to conduct rape trials without juries, but lawyers refused to participate. This observation underscores the fact that lawyers, far from being enemies of the freedom movement, often possess a strong sense of justice and hold the jury in high esteem. The lack of awareness about the authentic common law trial by jury being the fulcrum of democracy might be due to a lack of proper education.
In conclusion, Peter Hitchens’ article sheds light on the vital role of trial by jury. While he may not fully grasp its complete power, his insights on the gradual erosion of this institution are significant. It is crucial to recognize that authentic common law trial by jury is a cornerstone of democracy, and efforts to safeguard and preserve it are of utmost importance.