Judge Without Jury: Diplock Trials In The Adversary System (Oxford Monographs On Criminal Law And Justice)
Judge without Jury: Diplock Trials in the Adversary System (Oxford Monographs on Criminal Law and Justice)
What would become of the criminal trial if the jury was taken out of the picture? This is precisely what occurred in Northern Ireland in 1973, after a Commission (chaired by Lord Diplock) recommended that cases connected with the "troubles" be tried by a judge alone. The authors' study of both Diplock and jury trials in Northern Ireland yields broad lessons for all those interested in the administration of criminal justice.Review`...a thoughtful and reasoned account of the way in which Diplock courts appear to operate....an impressive account of an intriguing experiment in criminal procedure. Their book can be strongly recommended.' The Cambridge Law Journal`'This is a great book...This book should be bought and considered by the widest possible readership. The research is meticulous and well tabulated. The style academic yet eminently readable. The sources are impeccable. An expensive book which, looking backwards, is a brilliant historical account...this is a book for our time and beyond.'' Frontline`'a major contribution to research in the field of criminal justice.'' Just News, December 1995`'These empirical findings are integrated with a scholarly discussion of rules of evidence and procedure and of theories of trial...it will be a great interest for students of trial processes...As a study of the interplay between legal rules and working rules, this book is a valuable socio-legal addition to the scholarly Oxford Monographs in Criminal Law and Justice series.'' The Howard Journal Vol.35 No.4From the Back CoverIt would be difficult to overstate the symbolic significance of the jury within the common law tradition. While the actual number of cases tried by jury has declined steadily in recent years, trial by one's peers remains virtually unchallenged as the ideal forum for resolving serious criminal disputes. Since 1973, however, cases connected with the 'troubles' in Northern Ireland have been tried by a judge sitting without a jury in 'Diplock' courts. This book provides the first systematic comparison of the process of trial by judge alone with that of the trial by jury. The authors set out to determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process. This book does not aim solely to contribute to the debate on the Diplock system in Northern Ireland, but also to the broader debates on the jury and alternative modes of trial. This book will also contribute to discussions of the respective attractions of adversarial and inquisitorial models of criminal justice.About the AuthorJohn Jackson is Professor of Law, Queen's University, Belfast.
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