Law and Rights
We know that King John put his seal to a document at Runnymede in 1215. The document was the Articles of the Barons and eventually it came to be known as Magna Carta (the Great Charter). There were various versions and what remains of the 1297 version is the one still having legal force today. Article 29 states:
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
The notions of (a) judgment by peers (that is,"equals") and (b) that justice is not for sale, have survived through the centuries and have had huge significance for legal process in much of the world.
During legal history, older forms of criminal trial (e.g. trial by ordeal), came to be replaced by the system of jury trial as we now know it. The jury is a common law development. (Here is a summary of the history of the jury system). In the Crown Court of England and Wales, every working day, juries will be found deciding the most serious criminal cases. The judge directs the jury as to the law. The jury is the constitutional decision-maker and the jury decides the facts and the question of guilt. Sentencing of those convicted is for the judge and it must be exercised within the sentencing framework set out in legislation and decisions of the Court of Appeal.
In 2014, the athlete Oscar Pistorius went on trial in South Africa for the murder of Reeva Steenkamp. The trial was by judge alone: Judge Masipa. In an article for The Justice Gap, Felicity Gerry QC considered the case - Oscar Pistorius verdicts - 'was it a miscarriage of justice?' South Africa abandoned jury trial some years ago. Gerry observes:
"The jury system is a much better option than a single judge. Provided cases are properly presented, it avoids individual attacks on judges and keeps the community in the system. The debate between 12 people in a jury room gives a far more satisfying verdict than a legal judgement which has to be delivered like a complex exam paper."
Attempts to whittle down the jury system are sometimes based on cost with the result that trial becomes a summary trial before a bench of magistrates or even a single District Judge (Magistrates' Courts). Another reason for the legislature requiring trial by judge alone has been risk of jury intimidation - see Criminal Justice Act 2003 Part 7.
Explaining our law and legal system - No.4 - Juries - June 2011. (Note: the article may require some updating).
Magna Cartas united at British Library to celebrate 800th anniversary
- Magna Carta
The UK Human Rights blog has drawn attention to a new book - "Magna Carta and its progeny" - Hart Publishing, October 2014 - details here The authors are Anthony Arlidge QC and...
- Magna Carta - Is She Still Alive?
City of London copy of Magna CartaUpdated 18th June with additional links Magna Carta is among the most famous documents in the world. It was on 15th June 1215, at Runnymede near Windsor, that King John reluctantly acceded to certain demands made...
- The Jury
At Southwark Crown Court, the jury in the Vicky Pryce case was discharged since it was unable to reach a verdict despite the trial judge (Mr Justice Sweeney) being prepared to accept a majority verdict- (The Guardian 20th February). A retrial...
- Our Legal Heritage - No.2 - The Formative Period
Runnymede Memorial Overview 1066-1272 It is no exaggeration to describe the turbulent period from Hastings (1066) to the end of the reign of Henry III (1272) as a formative period for English law, the courts and the system of government. ...
- The Parliamentary Four: The Expenses Case Gets Expensive
The Daily Mail (30th March 2010) has a report of the first Crown Court hearing in the "expenses" case against 3 M.P.s and one Member of the House of Lords. An array of massive legal talent is being assembled both for the Crown (Lord Pannick QC,...
Law and Rights
The jury
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
The notions of (a) judgment by peers (that is,"equals") and (b) that justice is not for sale, have survived through the centuries and have had huge significance for legal process in much of the world.
During legal history, older forms of criminal trial (e.g. trial by ordeal), came to be replaced by the system of jury trial as we now know it. The jury is a common law development. (Here is a summary of the history of the jury system). In the Crown Court of England and Wales, every working day, juries will be found deciding the most serious criminal cases. The judge directs the jury as to the law. The jury is the constitutional decision-maker and the jury decides the facts and the question of guilt. Sentencing of those convicted is for the judge and it must be exercised within the sentencing framework set out in legislation and decisions of the Court of Appeal.
In 2014, the athlete Oscar Pistorius went on trial in South Africa for the murder of Reeva Steenkamp. The trial was by judge alone: Judge Masipa. In an article for The Justice Gap, Felicity Gerry QC considered the case - Oscar Pistorius verdicts - 'was it a miscarriage of justice?' South Africa abandoned jury trial some years ago. Gerry observes:
"The jury system is a much better option than a single judge. Provided cases are properly presented, it avoids individual attacks on judges and keeps the community in the system. The debate between 12 people in a jury room gives a far more satisfying verdict than a legal judgement which has to be delivered like a complex exam paper."
Attempts to whittle down the jury system are sometimes based on cost with the result that trial becomes a summary trial before a bench of magistrates or even a single District Judge (Magistrates' Courts). Another reason for the legislature requiring trial by judge alone has been risk of jury intimidation - see Criminal Justice Act 2003 Part 7.
Explaining our law and legal system - No.4 - Juries - June 2011. (Note: the article may require some updating).
Magna Cartas united at British Library to celebrate 800th anniversary
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. - See more at: http://www.bl.uk/magna-carta/articles/magna-carta-english-translation#sthash.gIG8LcWU.dpuf
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. - See more at: http://www.bl.uk/magna-carta/articles/magna-carta-english-translation#sthash.JPfxbvKz.dpuf
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. - See more at: http://www.bl.uk/magna-carta/articles/magna-carta-english-translation#sthash.JPfxbvKz.dpuf
- Magna Carta
The UK Human Rights blog has drawn attention to a new book - "Magna Carta and its progeny" - Hart Publishing, October 2014 - details here The authors are Anthony Arlidge QC and...
- Magna Carta - Is She Still Alive?
City of London copy of Magna CartaUpdated 18th June with additional links Magna Carta is among the most famous documents in the world. It was on 15th June 1215, at Runnymede near Windsor, that King John reluctantly acceded to certain demands made...
- The Jury
At Southwark Crown Court, the jury in the Vicky Pryce case was discharged since it was unable to reach a verdict despite the trial judge (Mr Justice Sweeney) being prepared to accept a majority verdict- (The Guardian 20th February). A retrial...
- Our Legal Heritage - No.2 - The Formative Period
Runnymede Memorial Overview 1066-1272 It is no exaggeration to describe the turbulent period from Hastings (1066) to the end of the reign of Henry III (1272) as a formative period for English law, the courts and the system of government. ...
- The Parliamentary Four: The Expenses Case Gets Expensive
The Daily Mail (30th March 2010) has a report of the first Crown Court hearing in the "expenses" case against 3 M.P.s and one Member of the House of Lords. An array of massive legal talent is being assembled both for the Crown (Lord Pannick QC,...