Judge Without Jury: Diplock Trials in the Adversary System

Hardcover | April 30, 1999

byJohn Jackson, Sean Doran

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Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone withthat of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.

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From Our Editors

It 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 connec...

From the Publisher

Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone withthat of trial by jury. The authors determine...

From the Jacket

It 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.

John Jackson is at Queen's University of Belfast. Sean Doran is at Queen's University, Belfast.

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Format:HardcoverDimensions:344 pages, 9.21 × 6.14 × 1.02 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198258895

ISBN - 13:9780198258896

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From Our Editors

It 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.

Editorial Reviews

`'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 valuablesocio-legal addition to the scholarly Oxford Monographs in Criminal Law and Justice series.''The Howard Journal Vol.35 No.4