Abolished in criminal cases: if we’d long had trial by judge in criminal cases and I were now to suggest that his reasoned and professional judgement as to facts and inferences Custom Essay

“Of course trial by jury is one of our sacred cows. But, you know, if we’d long had trial by judge in criminal cases and I were now to suggest that his reasoned and professional judgement as to facts and inferences should be replaced by the blanket verdict of pretty well any twelve men and women placed in a cramped box and holed up there for days or even weeks at a time you would rightly think that I had taken leave of my senses”. (Professor Hogan, letter to The Times, 3rd May 1982 (Professor Hogan together with Professor Smith wrote what was, for many years and for thousands of students, the leading academic text on Criminal Law)).

Critically consider the proposition that trial by jury in criminal cases has outlived its usefulness and that it should, in the interests of justice and as a matter of some urgency, be abolished.

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