OPPOSITION { ALEX JUST }
OPPOSITION { ALEX JUST }
DULWICH COLLEGE WIN ENGLAND MACE DEBATING COMPETITION
I
am strongly opposed to this motion , and am instead in favour of being tried by a random jury because the three core assumptions at the heart of the case for judge-only criminal trials are fundamentally flawed :
False Assumption 1 : Juries cannot understand complex issues or determine the ‘ truth ’
Even in a lengthy or extremely complex fraud trial juries are still as capable as judges at discerning the facts and applying them to the law as enunciated by a judge . It is important to remember that juries still receive guidance from judges in terms of evidential or legal issues . Juries take their civic responsibilities seriously and barristers are highly skilled at presenting
It is fallacious to suggest that the aim of my trial is to determine what actually happened .
all the relevant evidence to them in a clear and accessible manner .
Moreover , the jury is not determining the absolute truth ; rather they must be
“ sure ” that I am guilty of any offence . To this end it is fallacious to suggest that the aim of my trial is to determine what actually happened . A jury is a perfectly sound group to decide if my alleged misconduct occurred on the basis of a well-established standard of proof .
False Assumption 2 : Trained experts make fewer mistakes
The assumption of juror ignorance is that it takes the resolution of justice out of the hands of the people and turns it over to ‘ experts ’. The dangers of courts over relying on a distinct class of ‘ welltrained specialists ’ can be shown in the recent Roy Meadows controversy .
False Assumption 3 : Judges are more objective
The British judiciary are unrepresentative of the population as a whole and have a tendency to be white , middle class and male . I want my trial to be conducted by a genuine group of my peers and not a narrow elite . Furthermore , citizen involvement in the judicial process will give broader moral legitimacy to my verdict .
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The team from Dulwich College , comprising Will Cook and Louis Collier , were crowned England Debating Champions at the grand finals day held at Dartmouth House in March . Cook and Collier opposed the motion that ‘ This House Would abolish the system of trial by jury ”, which was proposed by the team from St . Paul ’ s Girls ’ School , Kate Dunbar and Roxana Legezynska . In her adjudication summary , the panel ’ s chairman – Erin Fitzgerald – praised both teams for the concision and clarity of their arguments , before announcing that Will and Louis would be the team to represent England in the International Mace finals in Edinburgh . You can watch a film of the England final at esu . org / macefilm
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