The trial by jury : a comparative study

Abstract

This work intends to entertain an analysis of the trial by jury in three different jurisdictions; the Maltese, the British and the American. In Malta, the use of juries is limited to criminal trials in the Criminal Court in respect of criminal offences which exceed the original competence of the Court of Magistrates. The bill of indictment is drawn up by the Attorney General who is the prosecutor before the Criminal Court. The jury panel is composed of nine jurors and one of them would be the foreman. Nonunanimous verdicts are allowed, however at least a verdict of 6-3 must be attained for it to be a legal verdict. The jury is considered as fundamental part of the English legal system, even though few cases are tried by the jury nowadays. In England and Wales, indictable offences and offences triable either way are tried before the Crown Court. The bill of indictment is drafted by the Crown Prosecution Services. Civil juries are rare and are limited to four types of cases; libel, malicious prosecution, false imprisonment and fraud. Juries are composed of twelve people and unanimous verdicts are required. The American jury system is a direct descendant of the British system however substantial differences in the jury system exists between United Kingdom and United States. The United States Constitution provides both for criminal juries and for civil juries. Distinct from Malta and United Kingdom, the person is indicted by the Grand Jury. All American states and the federal courts have the concept of voir dire which is preliminary examination of potential jurors by the judge or counsel. The jury panel consists of twelve jurors and in criminal cases, a unanimous verdict is required. Even though the frequency of jury trial is decreasing, the right to trial by jury In United States especially criminal trials remains vigorous. Among the aspects appraised in this thesis are those related to the procedure preceding the trial, bill of indictment, jury selection, the function of the judge and the jury, the verdict and the possible right of appeal.