Irish Jurors: Passive Observers or Active Participants? Jurors in Civil and Criminal Trials

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Title: Irish Jurors: Passive Observers or Active Participants? Jurors in Civil and Criminal Trials
Authors: Howlin, Niamh
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Date: 2014
Abstract:  What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level of interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of Irish jurors by the late nineteenth century.                         
Type of material: Journal Article
Publisher: Taylor and Francis
Copyright (published version): 2014 Taylor and Francis
Keywords: Juries;Legal history;Irish law;Criminal procedure;19th century;Civil procedure
DOI: 10.1080/01440365.2014.925178
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

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