Reappraisal of the trial by jury system

Abstract

The title of this dissertation immediately reveals that the main subject of this thesis is the jury system. This of course is very true as I intend to make a re-evaluation of this system. However, the word 'trial is also an essential part of the title. Having the trial associated with the jury is no mere coincidence but is of major importance. Indeed, a jury can only function within the context of a trial, be it a criminal or civil trial. Since in Maltese law the jury has a place only in criminal trials this thesis is therefore mainly concerned with the criminal trial and thus it becomes imperative to commence by examining the concept of the criminal trial. Whenever a person violates the law by committing a criminal offence, that person incurs a liability to submit to the appropriate punishment. Correspondingly there arises in the State a right of action, i.e. the criminal action, with the object of inflicting the proper punishment on the offender. This necessitates that in every case an examination is carried out in order to ascertain and establish; the material existence of the alleged fact, that such fact is indeed punishable by law, the author of such fact, and the extent of his responsibility. The process which is necessary to fulfill this inquiry constitutes the trial or proceedings.