Juror Punishment, Juror Guidance and the Criminal Justice and Courts Act 2015

Criminal Law Review, 578-593, 2015

25 Pages Posted: 17 Jul 2015 Last revised: 22 Dec 2016

Date Written: July 11, 2015

Abstract

The Criminal Justice and Courts Act 2015 creates several new offences relating to juror misconduct, which have generally been considered pragmatic responses to the immediate problem of jurors using the internet to find additional "evidence." Taking as its starting point the possibility of jury studies being written from an "interdisciplinary" perspective situated between mainstream legal scholarship and legal history, this article argues that after the practical abolition of juror punishment in 1670 the judge-jury relationship has usually been focused on juror guidance, not on juror punishment. This has had important consequences for the institution’s civic function, meaning any move in the direction of juror punishment has to be considered not simply as a pragmatic response to an immediate, isolated problem, but also as an important part of the jury’s continuing history as a political institution.

Keywords: Historical jurisprudence, juries, jurors, legal history, misconduct, offences, politics and law

Suggested Citation

Crosby, Kevin, Juror Punishment, Juror Guidance and the Criminal Justice and Courts Act 2015 (July 11, 2015). Criminal Law Review, 578-593, 2015. Available at SSRN: https://ssrn.com/abstract=2631245

Kevin Crosby (Contact Author)

Newcastle Law School ( email )

Newcastle upon Tyne, NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/kevin.crosby

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