Jury verdicts and the presumption of innocence

Legal Studies ◽  
1983 ◽  
Vol 3 (2) ◽  
pp. 146-158
Author(s):  
G. Maher
Keyword(s):  
Criminal Justice ◽  
Slippery Slope ◽  
Reasonable Doubt ◽  
Simple Majority ◽  
Presumption Of Innocence ◽  
England And Wales ◽  
Unanimity Rule ◽  
Jury Verdicts

In recent years various developments in the system of trial by jury in England and Wales have given rise to comment and concern. One such development was the abolition by s. 13 of the Criminal Justice Act 1967 of the rule, said to have existed for over 600 years, that a jury must be unanimous in order to reach a verdict. These provisions are now contained in s. 17 of the Juries Act 1974 which allows for majority verdicts where there are no more than two dissentient voices to be returned under certain circumstances. The change in the unanimity rule has been criticised as striking at the root of the principle of proof of guilt beyond reasonable doubt and has been interpreted by some as being the first step on the slippery slope to jury verdicts by simple majority, a development which would do even more to undermine the principle of proof beyond reasonable doubt and might also lead to the complete abolition of trial by jury.

Convicting the Innocent: The Inferiority of Unanimous Jury Verdicts under Strategic Voting

1998 ◽  
Vol 92 (1) ◽  
pp. 23-35 ◽  
Author(s):  
Timothy Feddersen ◽  
Wolfgang Pesendorfer
Keyword(s):  
Majority Rule ◽  
High Probability ◽  
Strategic Voting ◽  
Simple Majority ◽  
Voting Rules ◽  
Simple Majority Rule ◽  
Unanimity Rule ◽  
Jury Verdicts ◽  
Innocent Defendant ◽  
Basic Intuition

It is often suggested that requiring juries to reach a unanimous verdict reduces the probability of convicting an innocent defendant while increasing the probability of acquitting a guilty defendant. We construct a model that demonstrates how strategic voting by jurors undermines this basic intuition. We show that the unanimity rule may lead to a high probability of both kinds of error and that the probability of convicting an innocent defendant may actually increase with the size of the jury. Finally, we demonstrate that a wide variety of voting rules, including simple majority rule, lead to much lower probabilities of both kinds of error.

Punishing the Guilty, Not Punishing the Innocent

2010 ◽  
Vol 7 (4) ◽  
pp. 462-488 ◽  
Author(s):  
Richard Lippke
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Reasonable Doubt ◽  
Presumption Of Innocence ◽  
Harsh Punishment ◽  
Legal Punishment ◽  
Criminal Justice Systems ◽  
Do So

AbstractDiscussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to be assessed in setting up a criminal justice system – the risk that it will not be eff ective enough at apprehending and punishing serious off enders, as well as the risk that it will expose innocent persons to harsh punishment. I urge a balancing of such risks, and argue that the salient features of many contemporary criminal justice systems can be plausibly interpreted as attempting to achieve and maintain such a balance. We do not grant criminal defendants a presumption of innocence that the state must overcome with proof of guilt beyond a reasonable doubt in order to institutionally express a strong degree of preference for non-punishment of the guilty to punishment of the innocent. Instead, we do so in order to ensure that institutions of legal punishment have suffi cient scope while preserving their ability to accurately sort the guilty from the innocent.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

The Politics of Inertia

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Policy Options ◽  
Home Office ◽  
England And Wales ◽  
Early Release ◽  
Short Sentence ◽  
Policy Debates ◽  
The Face

The chapter explores the ever more complex policy debates that surrounded the efforts to extend a system of early release to short sentence prisoners. It begins with an overview of the main candidates for reform and the strengths and weaknesses of these policy options. It explores the Home Office Review of Parole in England and Wales and considers why these recommendations were so quickly abandoned in the face of political and judicial pressure. It then goes on to examine the passage of the Criminal Justice Act 1982, a significant piece of legislation which resulted in wide-ranging reform of parole in England and Wales. The chapter concludes with a number of reflections upon the policy inertia of the early 1980s and what that reveals about the changing aims and techniques of criminal justice at this time.

scholarly journals Policing, Crime and Mental Illness in England and Wales: Insights from the Literature

2017 ◽  
Vol 9 (2) ◽  
pp. 248
Author(s):  
Frank Kitt ◽  
Colin Rogers
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Justice ◽  
Justice System ◽  
Historical Context ◽  
Public Agencies ◽  
England And Wales ◽  
Police Service ◽  
High Profile ◽  
Made In

Mental illness pervades most societies, but it is only recently that its impact and effects upon individuals has slowly been recognised in England and Wales. When people suffering from this illness become involved with various public agencies, the way they are dealt with appears inconsistent and on occasions ends in tragedy. One agency that is constantly in contact with people who suffer mental health illness is the police service. Some high profile cases have clearly illustrated misunderstandings and the fact that the police are not generally equipped to deal with such individuals. This article considers a brief history and theoretical backcloth to police understanding and framing of mental illness in England and Wales, and explores the National Liaison and Diversion Model as an alternative to traditional police understanding and response. The article suggests that only by understanding the historical context, and literature, surrounding mental illness, can improvements be made in the criminal justice system as a whole and within the police service in particular.

‘It’s all considered to be unacceptable behaviour’

2016 ◽  
Vol 63 (4) ◽  
pp. 433-451 ◽  
Author(s):  
Vickie Cooper
Keyword(s):  
Criminal Justice ◽  
Housing Policy ◽  
Local Authority ◽  
Housing Authority ◽  
Policy And Practice ◽  
England And Wales ◽  
Critical Questions ◽  
Housing Options ◽  
Criminal Justice Practitioners

Despite a growing recognition of the intersectional relationship between homelessness and incarceration, we have a limited knowledge about housing policy and practice for people leaving custody and (ex)offender groups in the community. Addressing these gaps, this paper provides an overview of the main local housing authority statutory duties in the provision of housing support for prison leavers and (ex)offenders in England and Wales, and situates the issues with accessing accommodation within the wider context of austerity. The paper presents a case study that explores criminal justice practitioners’ experiences of working with local authority housing agencies. Stemming from 25 interviews with housing practitioners and criminal justice practitioners, the paper outlines the main challenges facing criminal justice agencies as they try to secure accommodation for homeless (ex)offenders and resettle them in the community. Finally, the paper concludes by raising critical questions about the housing options for this population, now and in the future.

Children as Witnesses in Child Sexual Abuse Trials

PEDIATRICS ◽  
1987 ◽  
Vol 80 (4) ◽  
pp. 585-589
Author(s):  
Julius Landwirth
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Adverse Effects ◽  
Criminal Justice System ◽  
Justice System ◽  
Child Witnesses ◽  
Constitutional Rights ◽  
Presumption Of Innocence ◽  
Child Sexual Abusers ◽  
Child Sexual Abuse Trials

When alleged child sexual abusers are prosecuted and brought to trial, child witnesses are often exposed to procedural requirements of the criminal justice system that may cause further psychologic trauma. These procedures are driven by the dual interests of pursuing the truth and protecting the constitutional rights of the accused to a fair trial with a presumption of innocence. Proposals for judicial reforms designed to balance both interests while shielding children from potential adverse effects of the process are discussed.

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