The Jury: Moral Innovation or Historic Relic?

The jury trial has been around for almost 1,000 years. Magna Carta, in 1215, enshrined the principle that “No free man shall be... imprisoned… except by the lawful judgement of his peers.” That could be about to change, under the proposal by the Justice Secretary, David Lammy, to restrict jury trials to the most serious cases. The aim is to deal with an unprecedented backlog in the courts. Britain, thus far, has been in the minority: most countries around the world rely on judges – not juries – to evaluate the evidence, assess guilt, and deliver justice. Those in favour of juries see them as a moral institution, putting justice in the hands of randomly-selected ordinary people, rather than those of the state or a legal elite, and so reducing the chance of a biased or blinkered verdict. Opponents argue that juries can be obstacles to justice, not immune to prejudiced decisions, and lacking the expertise to weigh up the evidence in complex cases. While some see the jury system as a redundant relic of the past, others believe the deliberative democratic principle it embodies should be extended to other areas of public life in innovative ways. Should we, as some suggest, replace the House of Lords with a second chamber full of randomly-selected representative voters? Those in favour of citizen juries in politics, as well as in the governance of public institutions, believe they can provide greater democratic legitimacy and lead to better decisions, through a combination of lived experience and expert guidance. Those against citizen juries say they undermine a fundamental democratic principle: one person, one vote.

Chair: Michael Buerk Panel: Matthew Taylor, Inaya Folarin-Iman, Tim Stanley and Mona Siddiqui Witnesses: Sir Simon Jenkins, Fiona Rutherford, Anna Coote and Tom Simpson Producer: Dan Tierney.