Following the Magna Carta of 1215 Case Study - Law Assignment Help

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Following the Magna Carta of 1215, a man has the right to be penalized to the lawful judgment of his equivalents. A defendant is given the choice of being tried in the Magistrates Court or by a jury in the crown court, however, an investigation has shown that only one out of every twenty defendants chooses to go to the Crown Court (Huxley-Binns et al. 2017). During a criminal case, the trial would consist of dual functions the judge’s role of dealing with the law and the jury system which focuses on the facts. Using the jury is beneficial to society since it serves to speak for the society with full independence, supporting the public’s confidence. On the contrary, it is widely agreed that the disadvantages of juries in criminal cases go beyond the benefits. This essay will argue that the problems that emerge from using the juries in criminal cases outweigh the benefits to a large extent. Due to the bias present in the jury system and the media, the jury may be heavily influenced, and its set purpose to provide a reliable institution of independence which grants equity is lost.

In criminal cases, the essence of the jury is independence in their position. Jurors can give a verdict according to their conscience. Since the Bushell’s Case (1670), judges are not authorized to punish jury or interfere with their verdicts. Before this turning point, judges might attempt to influence the jury to reach some judgment according to their interests. The facts of the Bushell’s Case were that two men were arrested for forming an unlawful assembly at a time of religious assemblies. The judge ordered the jury to convict the defendants guilty, but when they refused the judge put them in prison. After the jury foreman, Bushell petitioned another court for their release it was ruled that judges are not to punish jurors for reaching a verdict they did not like. Furthermore, the legal institution of juries is considered as a fundamental part of the English legal system since it allows jury equity.

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