Jury Secrecy

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print July 2002 | ISBN: 9780198252580
Published online March 2012 | e-ISBN: 9780191681387 | DOI:
Jury Secrecy

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At the culmination of the criminal trial on indictment lies the collective decision of the jury, and, in the case of many summary trials, the collective decision of the lay magistrates. In civil cases that are taken to appellate level there is the collegiate judgment of the court on the outcome of the appeal. The process of arriving at such decisions poses special problems in the context of open justice which are discussed in this chapter. In principle, all three areas that have just been mentioned — the jury, the lay magistracy, and the appellate judiciary — could give rise to issues of the same kind. However, it is the collegiate decision-taking of the jury that has generated the most discussion together with a certain amount of litigation. Accordingly, it is the jury which provides the main focus of this chapter, occasional reference being made to analogous issues in the other decision-taking contexts.

Keywords: criminal trial; summary trials; lay magistrates; jury; appellate judiciary; secrecy; open justice

Chapter.  15815 words. 

Subjects: Criminal Law

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