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Criminal Procedure

Research Collection School Of Law

1997

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Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay Dec 1997

Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay

Research Collection School Of Law

It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal offences simply plead guilty. Second, the great majority of those ...