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Title: The role of the judge and jury in complex trials
Author: Julian, Robert F.
Awarding Body: Queen Mary, University of London
Current Institution: Queen Mary, University of London
Date of Award: 2008
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This thesis examines the mode of trial concerns in the U.S.A., New York State, California, England and Wales and Canada especially the ability of the jury to comprehend complex cases and the perception/reality that bench trials may not be as fair as jury trials, Defining complex cases as serious fraud indictments, capital murder trials, and lawsuits or indictments against corporations and their managers, the thesis examines problems associated with jury trials in such cases. It evaluates the comparative law and customs and practices regarding the use of juries, emphasizing problems with jury selection, deficits injury deliberation and post trial problems associated with jury verdicts. The thesis also evaluates the judge only trial, attempting to determine whether a . state imposed non jury trial in a criminal case as is presently proposed in the England and Wales Parliament creates an unfairness to the defendant because bench trials significantly differ from jury trials in the application of the rules of evidence and in the role of the judge. The thesis reports on the results of a survey of New York State trial judges, a like survey of New York State lawyers, and the opinions of nine England and Wales judges authorized to try serious fraud cases who were interviewed regarding these issues. The surveys and interviews determines that there is a high degree of support for jury verdicts expressed by the judges, examines evidentiary and pretrial practices in both modes of trial and attempts to evaluate whether, the existence in bench trials, claims of procedural flaws and prejudice by respected academics and authors are accurate.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available