Skip to main navigation Skip to search Skip to main content

Judge or Jury? a legal conundrum

John S. Croucher*, Stephnie Hon

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

3798 Downloads (Pure)

Abstract

Jury trials have long been a cornerstone of common law and one of the essential liberties of a free country. There are times when the accused can elect for their case to be heard by a single judge or a jury and they will naturally make the decision that they feel will maximise their chance of an acquittal. In a non-jury trial, a judge has the responsibility for interpreting the relevant laws and, on occasions in higher level cases of importance, there may be a panel of judges, usually 3, 5, 7 or even 9. There are many points of view on the best option for the defendant and these are discussed at length. But there is also a scientific approach and the first part of this paper deals with the change in a probability of a decision based on the size of the judicial panel, along with whether it is in the best interests of an accused to elect a smaller panel or the largest possible. The second part considers the switch to unanimous rather than majority verdicts in cases and just who benefits.

Original languageEnglish
Pages (from-to)83-92
Number of pages10
JournalInternational Journal of Criminal Justice Sciences
Volume17
Issue number1
DOIs
Publication statusPublished - Jun 2022

Bibliographical note

Copyright © 2021 International Journal of Criminal Justice Sciences (IJCJS). Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

  • Judge
  • Jury
  • Law
  • Probability
  • Verdict

Cite this