Contempt. Constitutionality of Statute Giving Defendant the Right to a Jury Trial in Criminal Contempt Cases

1925 ◽  
Vol 11 (8) ◽  
pp. 639
Author(s):  
T. M. A.
Keyword(s):  
Jury Trial ◽  
The Right

THE ADJUDICATION OF HOMICIDE IN COLONIAL GHANA: THE IMPACT OF THE KNOWLES MURDER CASE

2011 ◽  
Vol 52 (1) ◽  
pp. 85-104 ◽  
Author(s):  
ROGER GOCKING
Keyword(s):  
Criminal Justice ◽  
Gold Coast ◽  
The Other ◽  
Government Official ◽  
Jury Trial ◽  
Legal Counsel ◽  
Capital Crimes ◽  
The Right ◽  
Colonial Government ◽  
The Impact

ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

The fate of evidence law: Two paths of development

2020 ◽  
Vol 24 (3) ◽  
pp. 329-348 ◽  
Author(s):  
Zhuhao Wang
Keyword(s):  
Scientific Evidence ◽  
Common Law ◽  
The United States ◽  
Jury Trial ◽  
Electronic Evidence ◽  
New Science ◽  
Science Technology ◽  
Jury Trials ◽  
Evidence Law ◽  
The Right

Evidence law was famously deemed ‘the child of the jury’, its development widely perceived as a by-product of the jury trial. Conventional wisdom tells us that juries, because of their cognitive and epistemic failings, can hardly be trusted and thus need rules of evidence to steer them in the right direction. Therefore, given that jury trials are vanishing in the United States and other common law countries, we must question whether the traditional evidence-law model is sustainable. At the same time that juries have been on the decline, rapid developments in science and technology have led to new forms of evidence, including scientific evidence, electronic evidence and process-based evidence. Presenting these new types of evidence at trials, however, often creates a mismatch with the traditional evidence-law framework. A systematic redesign of 21st-century evidence law to better accommodate the intensified interplay between science, technology and the law seems to be the next natural development. This essay explores these two distinct paths of evidence law—the old, jury-driven model and a new, science-directed model—and argues for preserving the old path while at the same time spending more resources and making greater effort to accommodate these new forms of evidence.

scholarly journals The Jury is Out: The Controversy About Jury Trials Under the Alberta Securities Act

2020 ◽  
pp. 1025
Author(s):  
Robert Stack
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Jury Trial ◽  
Court System ◽  
Securities Law ◽  
Division Of Powers ◽  
Jury Trials ◽  
The Supreme Court ◽  
The Right ◽  
Securities Laws

After reviewing the place of securities law enforcement within the Canadian court system, the author traces the Peers and Aitkens decisions from the Provincial Court to the Supreme Court and outlines how these cases dealt with the question of what penalties trigger the right to a jury trial under section 11(f) of the Charter. The author explains how section 11(f) impacts the division of powers by creating a constitutional cap on the prison sentences that are available for violations of provincial law. In light of stiff maximum penalties for violations of securities laws, the Peers and Aitkens decisions raise the question of whether there are constitutional reasons to continue to try regulatory offences by judge alone in provincially appointed courts.

scholarly journals CRIMINAL PROSECUTION OF TERRORIST CRIMES IN JURY TRIAL: LEGALITY AND APPROPRIATENESS

2019 ◽  
Vol 7 (5) ◽  
pp. 674-677 ◽  
Author(s):  
Zyufyar Shakirovich Gataullin ◽  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin
Keyword(s):  
Statistical Data ◽  
Jury Trial ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Constitutional State ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Right

Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.

scholarly journals THE CONSTITUTIONAL RIGHT TO A JURY TRIAL AND A FAST TRIAL: THE EXPERIENCE OF THE UNITED STATES

2021 ◽  
pp. 11-13
Author(s):  
V.V. Berch
Keyword(s):  
United States ◽  
Direct Democracy ◽  
The United States ◽  
Jury Trial ◽  
Professional Activity ◽  
The People ◽  
Administration Of Justice ◽  
Constitutional Right ◽  
The Right ◽  
Speedy Trial

The article is devoted to the consideration of the constitutional right to a trial by a jury, as well as the right to a speedy trial in accordance with the provisions of the Sixth Amendment to the US Constitution. It is noted that as of today in Ukraine there is a question of ensuring the actual (real) participation of the people in the administration of justice and the creation of an appropriate mechanism for the realization of such a right of the people. It is established that the permanent evolution of the jury trial in the world as a full-fledged element of participatory democracy allows us to assert the possibility of applying the best foreign experience in this area and for Ukraine. It is noted that the jury trial, which is typical for the United States, is undoubtedly a consequence of the borrowing of English legal customs, but has its own special features. It has been established that the right to a speedy trial should be distinguished from other constitutional rights, as it concerns the interests of society and the justice system more than the interests of the accused. The circumstances that suggest whether a trial is in fact "fast" are rather vague, as each such proceeding is to some extent unique. The requirements for members of the jury are set out in the Jury Selection Act. It is noted that the release of jurors varies depending on the state. One of the grounds for such dismissal is professional activity. For example, doctors, lawyers, public figures, police or firefighters. At the same time, this practice is gradually ceasing to be natural. It is concluded that the jury trial as a form of public participation in the administration of justice is undoubtedly a democratic legal institution. Direct democracy in the exercise of judicial power, which is carried out in compliance with the principles of publicity and adversarial proceedings promotes the establishment of citizens' faith in the fairness of judicial decisions.  

Criminal Juries in the 21st Century

2018 ◽  
Keyword(s):  
Decision Making ◽  
21St Century ◽  
Psychological Research ◽  
Jury Trial ◽  
Technological Advances ◽  
Wide Range ◽  
Just Decisions ◽  
And Performance ◽  
Scientific Attention ◽  
The Right

The jury is often celebrated as an important symbol of American democracy. Yet much has changed since 1791 when the Sixth Amendment guaranteed all citizens the right to a jury trial in criminal prosecutions. Psychological and legal scholars have empirically evaluated many claims about the strengths and limitations of the jury system. Now, scientific attention is focusing on new challenges that contemporary juries face. The authors of the chapters in this volume consider myriad legal issues that arise when jurors decide criminal cases while reviewing cutting-edge psychological research and ways that this research can improve the experience and performance of the modern criminal jury. The first part of this book reviews recent societal shifts in attitudes and their potential impact on the demographic and ideological composition of the criminal jury and, in turn, the jury’s ability to make fair and just decisions. The second part of the book considers how recent technological advances have generated new sources of influence on jurors’ evaluations of evidence and decision-making. The final part of the book examines how emotions impact the jury decision-making process and individual citizens’ experiences of serving as jurors. Each of these sets of issues is relevant to understanding the structure, functioning, and performance of today’s juries. This volume offers a unique and broad view of criminal juries, drawing attention to a wide range of issues that impact jurors’ decision-making in the 21st century and, thus, are in need of theoretical, scientific, and legal attention.

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