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NCJ Number: 66163 Find in a Library
Title: TRIAL BY JURY - THE ENGLISH WAY
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:66  Dated:(MARCH 1980)  Pages:330-332,334
Author(s): W S STAFFORD
Corporate Author: American Bar Association
United States of America
Date Published: 1980
Page Count: 4
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: TRIAL BY JURY IN ENGLAND IS DISCUSSED IN THIS ARTICLE WHICH DESCRIBES THE CONDUCT OF A MURDER TRIAL IN LONDON.
Abstract: THERE ARE 35,000 LAWYERS IN ENGLAND AND WALES. ABOUT 31,000 ARE SOLICITORS WHO PREPARE CASES BUT DO NOT HAVE THE RIGHT OF AUDIENCE IN THE HIGH COURTS. SOME 4,000 ARE BARRISTERS, INCLUDING THOSE APPOINTED FOR LIFE BY THE LORD CHANCELLOR'S OFFICE. THE AVERAGE BARRISTER TRIES 200 LAWSUITS A YEAR. SOLICITORS, RATHER THAN BARRISTERS, WORK UP THE CASES. BARRISTERS HAVE NO CONTACT WITH THE ACCUSED CLIENT AND ONLY DOCUMENTS FROM THEIR SOLICITORS ON THE CASE. BRITISH PLEADINGS SET FORTH ALL THE ULTIMATE FACTS ON WHICH THE PARTIES INTEND TO RELY, AND THERE IS NO NOTICE PLEADING AS IN THE AMERICAN COURT SYSTEMS. DISCOVERY IS LIMITED ONLY TO DOCUMENTS OR WRITINGS RELEVANT TO THE ISSUES ALREADY SET FORTH. BRITISH LAWYERS GO TO COURT TO ENFORCE A CAUSE OF ACTION. AT THE OUTSET IN ENGLAND, THE CARDS ARE ON THE TABLE. THE TRIAL SYSTEM IS COMPLETELY ORAL AND CROSS-EXAMINATION AND SURPRISE ARE CONSIDERED ESSENTIAL TOOLS IN DETERMINING THE TRUTH. BRITISH JUSTICE ALSO WORKS WELL BECAUSE JUDGES ARE SPECIALISTS--ADMIRALTY JUDGES, COMMERCIAL, PATENT, CHANCERY, AND CRIMINAL. CASES ARE STEERED TO THE JUDGES WHO HAVE APPROPRIATE SPECIALIZATION. THE BARRISTER IS ALSO A SPECIALIST UNDER THE SYSTEM AND THE COMBINATION EXPEDITES HEARINGS AND OTHER PROCEDURES. THERE IS A PERVASIVE GOOD WILL AND PROFESSIONAL CIVILITY AMONG THE BARRISTERS AND THE BENCH. TRIALS ARE SWIFT AND THERE IS NO PROSECUTION REBUTTAL. DEFENDANTS TESTIFY IN THEIR OWN BEHALF. BRITAIN'S APPELLATE SYSTEM IS ALSO DIFFERENT FROM THE AMERICAN SYSTEM. THERE ARE NO BRIEFS ON APPEAL AND NO TRANSCRIPT OF TESTIMONY WHICH IS ORAL. THE CASE IS DECIDED BY THE THREE JUDGES WITH LAWYERS PARTICIPATING AND THE BARRISTER'S DUTY NOT TO DECEIVE THE COURT IS TAKEN VERY SERIOUSLY. (MJW)
Index Term(s): Court structure; Great Britain/United Kingdom; Trial courts; Trial preparation; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66163

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