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"A cornerstone of British law. The Government is trying to take this right away. Have this government done enough over reaching? Where will this end? Why am I asking you? " I was under the impression it was just changing the sentencing for magistrates up from 1 year max to 2 year. So if a magistrate hears a case that will need a sentence grater then 2 years it would still need to go to a jury 🤔. As it is not all cases are before a jury. | |||
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" 2 people in a d*unken brawl, should be an open and shut case." Only if the judge is a moron and ignores both the prosecution and the defence and ignores all factors leading to the affray. . There’s no such thing as an ‘open and shut case’ when it involves two d*unk people punching each other—unless they both showed up with notarized confessions and matching black eyes. . Courts have to consider things like who started it, self-defence, witness credibility, intent, prior history, the location, police conduct, and a dozen other factors. It's not Judge Judy in there. Or Judge Dredd for that matter, thankfully. It’s more like a group project where everyone hates each other and the deadline is a year from now. | |||
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" 2 people in a d*unken brawl, should be an open and shut case. Only if the judge is a moron and ignores both the prosecution and the defence and ignores all factors leading to the affray. . There’s no such thing as an ‘open and shut case’ when it involves two d*unk people punching each other—unless they both showed up with notarized confessions and matching black eyes. . Courts have to consider things like who started it, self-defence, witness credibility, intent, prior history, the location, police conduct, and a dozen other factors. It's not Judge Judy in there. Or Judge Dredd for that matter, thankfully. It’s more like a group project where everyone hates each other and the deadline is a year from now." What are your thoughts on the part of my post that mentioned bias, which was the main point? Are you also missing the change to how "courts" will work going forward or are you saying there will be no change? | |||
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"A cornerstone of British law. The Government is trying to take this right away. Have this government done enough over reaching? Where will this end? Why am I asking you? " Hi. I think the reason is that the juries don't know enough about law. Andy | |||
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"Juries are fundamentally important. However justice delayed is justice denied (as the saying goes). I think it is far more important that the delay be removed/reduced rather than wait for procedural perfection." I would much prefer archaic processes to be modernised rather than remove the trial jury. The courts have not kept up, on average they begin the day at 10:30, they rarely start on time, they break for lunch around midday, with other breaks being ad-hoc and end the day 16:30. This is not good enough, they are fudging rather than tackling the underlying problem of a system that has been allowed to stagnate. If the system was modernised it would create more jobs, reduce backlogs and speed up times to appear after a crime is committed. It can be done to great effect, they extended hours and raced through all the cases of the riots in 2024. | |||
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"Juries are fundamentally important. However justice delayed is justice denied (as the saying goes). I think it is far more important that the delay be removed/reduced rather than wait for procedural perfection. I would much prefer archaic processes to be modernised rather than remove the trial jury. The courts have not kept up, on average they begin the day at 10:30, they rarely start on time, they break for lunch around midday, with other breaks being ad-hoc and end the day 16:30. This is not good enough, they are fudging rather than tackling the underlying problem of a system that has been allowed to stagnate. If the system was modernised it would create more jobs, reduce backlogs and speed up times to appear after a crime is committed. It can be done to great effect, they extended hours and raced through all the cases of the riots in 2024. " Hence why I said I would prefer the delay be removed/reduced. | |||
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"A cornerstone of British law. The Government is trying to take this right away. Have this government done enough over reaching? Where will this end? Why am I asking you? Hi. I think the reason is that the juries don't know enough about law. Andy" Juries aren’t required to know about the law, anything that is relevant to their case they will get specific guidance from the court/judge. Maybe a bigger problem with jury members is that some of them THINK they know about the law. | |||
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"Juries are fundamentally important. However justice delayed is justice denied (as the saying goes). I think it is far more important that the delay be removed/reduced rather than wait for procedural perfection. I would much prefer archaic processes to be modernised rather than remove the trial jury. The courts have not kept up, on average they begin the day at 10:30, they rarely start on time, they break for lunch around midday, with other breaks being ad-hoc and end the day 16:30. This is not good enough, they are fudging rather than tackling the underlying problem of a system that has been allowed to stagnate. If the system was modernised it would create more jobs, reduce backlogs and speed up times to appear after a crime is committed. It can be done to great effect, they extended hours and raced through all the cases of the riots in 2024. Hence why I said I would prefer the delay be removed/reduced. " I read your response as supporting the move. | |||
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"What are your thoughts on the part of my post that mentioned bias, which was the main point? Are you also missing the change to how "courts" will work going forward or are you saying there will be no change? " . I appreciate that you’re concerned about judicial bias, and that’s fair and reasonable to discuss. Prosecution and Defence can raise that mid-trial (very carefully I hasten to add !). . But comparing a d*unken brawl to a politically charged confrontation ignores how context matters in law. . Courts don’t just rubber-stamp outcomes based on surface-level labels. A fight at a pub and a scuffle with political dimension involve completely different legal frameworks, rights, and considerations. That’s not bias—that’s nuance. If you’re worried about ‘single bias outcomes,’ you’d need to show judges are applying different standards to the same kind of case, not just different cases with different circumstances. . However, fundamentally I am opposed to removing trial by jury for many reasons. . Increases concentration of legal power Reduces transparency Weakens public participation in justice Makes abuses of the system easier . But the biggest reason of all (for me) is that it concentrates and empowers authoritarianism, and removes a counter balance. . Jury trials exist not because they’re efficient, but because they’re resistant to abuse. Take them away, and you’re left hoping the people in power always act in good faith. | |||
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"What are your thoughts on the part of my post that mentioned bias, which was the main point? Are you also missing the change to how "courts" will work going forward or are you saying there will be no change? . I appreciate that you’re concerned about judicial bias, and that’s fair and reasonable to discuss. Prosecution and Defence can raise that mid-trial (very carefully I hasten to add !). . But comparing a d*unken brawl to a politically charged confrontation ignores how context matters in law. . Courts don’t just rubber-stamp outcomes based on surface-level labels. A fight at a pub and a scuffle with political dimension involve completely different legal frameworks, rights, and considerations. That’s not bias—that’s nuance. If you’re worried about ‘single bias outcomes,’ you’d need to show judges are applying different standards to the same kind of case, not just different cases with different circumstances. . However, fundamentally I am opposed to removing trial by jury for many reasons. . Increases concentration of legal power Reduces transparency Weakens public participation in justice Makes abuses of the system easier . But the biggest reason of all (for me) is that it concentrates and empowers authoritarianism, and removes a counter balance. . Jury trials exist not because they’re efficient, but because they’re resistant to abuse. Take them away, and you’re left hoping the people in power always act in good faith." You are simply missing the nuance of an example of everyday court appearances with bias, that is all it was. Did you use AI, that could account for the nuance slip. | |||
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"You are simply missing the nuance of an example of everyday court appearances with bias, that is all it was. Did you use AI, that could account for the nuance slip." Fully use, no. Partly yes. AI did indeed mention bias, although I kind of expected it would, because bias is inherent in humans. We cannot escape it, only mitigate and dampen it down where it's evident. What I was interested in knowing was more of the procedural of a case. The nitty-gritting so to speak. And also to dive deeper in to why removing TBJ is not a good idea. I have my own reasons why, but I wanted get a wider feel with other reasons too. | |||
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"Juries are fundamentally important. However justice delayed is justice denied (as the saying goes). I think it is far more important that the delay be removed/reduced rather than wait for procedural perfection. I would much prefer archaic processes to be modernised rather than remove the trial jury. The courts have not kept up, on average they begin the day at 10:30, they rarely start on time, they break for lunch around midday, with other breaks being ad-hoc and end the day 16:30. This is not good enough, they are fudging rather than tackling the underlying problem of a system that has been allowed to stagnate. If the system was modernised it would create more jobs, reduce backlogs and speed up times to appear after a crime is committed. It can be done to great effect, they extended hours and raced through all the cases of the riots in 2024. Hence why I said I would prefer the delay be removed/reduced. I read your response as supporting the move." I do support it but only to speed up access to justice. The points you make are very good points and I fully support them as they will also speed up access to justice. At the end of the day the legal system is only there to ensure justice. It currently moves too slowly. Far too slowly and that means it is failing in its fundamental objective. | |||
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"I've just finished as a juror on a case in a Crown court. There were delays due to legal argument and transporting the defendant to court from prison. None of the delays had anything to do with the jury. If we hadn't been there these factors would still apply and evidence would still need to be heard. In reaching a verdict the jury system worked very well and I don't see how not having a jury would speed things up. " But was the offence a new one or like a year or more ago. | |||
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