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Tuesday, December 09, 2003
“Don’t underestimate the jury: It is highly unlikely that one would find among Scottish judges, or among practitioners in the criminal courts, an unequivocally positive assertion that trial by jury is without flaw. Leaving aside the deficiencies inherent in any process that depends on human judgment, the seclusion of the jury and the prohibition of investigation of its deliberations give the procedure a mystery that some commentators contend undermines the fairness of the procedure as a whole. But I contend that the deficiencies are a price worth paying. . .” Scotsman
Posted by MM
on Tue 9th Dec 2003
at 1:57 pm
Courts
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