Jury Trial: Meaning and Scope

In many common law court systems, major criminal cases are tried by jury. On the basis of prejudice, jury trials have been eliminated in the majority of common law countries in Asia. Numerous civil law nations have also introduced juries or lay judges into their criminal justice systems. In other parts of the world, actual civil jury trials are nearly nonexistent.

Even when a bench trial is considered in a given case, the usage of jury trials, which developed under common law systems rather than civil law systems, has had a significant influence on the character of American civil procedure and criminal procedure laws. In nations that do not have juries, jury trials are far less important.

What is the meaning of the Jury Trial?

In a case trial, a group of people with legal expertise called a jury is tasked with reaching a verdict based on the presentation of pertinent facts and evidence. There were always 12 jurors in a criminal trial, but the law allowed for up to two to be dismissed as the trial went on. A jury is a group of persons who have taken an oath to provide a judgement as directed by the court, whereas a judge is a person charged with preside over a case procedure.

Most often in the US, a jury trial is preferable because it allows the attorneys to make more persuasive emotional arguments. However, because jurors are frequently biassed and partial, this is also a factor in the decline of jury trials globally, including in the US.

Kind of Jury Trial

There are two main divisions of the Jury Trial −

Grand Jury

A grand jury, made up of 16 to 23 members, decides whether there is enough evidence to go to trial and if there is enough reason to charge the accused. Since the general public cannot view or hear this, it is not a subject of public record. This committee decides whether the accused should be cleared of the allegations and released from custody or if adequate legal action should be pursued against accused and a fair trial for the crime he committed should be held. As a result, the grand jury is not present during the trial.

Petit Jury

The word "petit jury" refers to the group of jurors who, during a trial, hear all sides of the arguments, evaluate the evidence, and decide whether or not the accused is guilty. The outcome of this trial will be known to the public, and many members of the public attend to see the renowned cases unfold and eagerly await the jury's decision. There are six to twelve people on the petit jury. Although these cases are often open to the public, the jury deliberations are a highly private matter. Since there has never been a grand jury in India, it has always been up to the judge to decide which cases would go to trial and which suspects should be released for things like a lack of evidence.

Evolution: Jury Trial

The first jury trial in India took place in Madras in 1665, with a British woman named Ascentia Dawes as the defendant. The jury system changed to favour the British, and the presidential towns were utilised to promote jury trials primarily for Europeans, Britishers, and the wealthy Indians. The Indian Penal Code was enacted in 1860, and the Code of Criminal Procedure followed in 1861.

However, the majority of the prospective jurors used to be foreigners because of the high percentage of illiteracy in India. Due to the prejudice of the jury panel in various cases, the Law Commission's 14th Report, published in 1958, recommended abolishing jury trials. The controversial K.M. Nanavati case opened the path for jury trials to be abolished in India.

Famous Jury Trial Case in India: K.M. Nanavati vs. State of Maharashtra

In 1959, in the case KM Nanavati vs. the State of Maharashtra, the defendant was charged with the murder of Prem Ahuja, the lover of his wife. Initially, a jury had declared Nanavati not guilty; however, the Bombay High Court reversed the decision, leading to a bench trial in the retrial of the case. The accused had to frequently leave Bombay for employment as a member of the naval forces, leaving his family behind. Sylvia Nanavati, the husband of K.M. Nanavati, was lonely and struck up a conversation with Prem Ahuja, a proprietor of an automobile company.

In order to take a semiautomatic pistol and six bullets from the ship's store, Nanavati went to his ship and made up an explanation. After that, he went to Ahuja's home and shot him there. The result in this case was greatly influenced by the media's extreme prejudice, which ultimately contributed to the Indian jury system's collapse. Nanavati was finally pardoned by Vijayalakshmi Pandit, the Governor of Maharashtra.

Failure of Jury Trial

The following are the failure of jury trial −

• The jury system used under the British rule in India was biassed and partial, which resulted in lower-class Indians being wrongfully convicted and further oppressed.

• Due to emotional attachment and excessive media intake, media can sway people's judgement, causing juries to render incorrect decisions. This can result in a biassed verdict due to prejudice in the courtroom.

• The more wealthy party frequently threatens or buys jurors to force them to cast a vote against their better judgement, which results in judicial unfairness. Additionally, they are forced to render a decision in accordance with the preferences of the party with more clout, which results in unfairness.

Conclusion

Even though jury trials were frequently used in India, they frequently failed to provide fair justice for a number of reasons. The jury system should not be reinstated owing to its expensive, time-consuming, and lengthy procedure, despite the fact that literacy rates are rising. The jury system would not be practical to use in a growing nation like India.

Frequently Asked Questions

What is called a jury?

A jury is a group of people sworn to provide judgement on a topic that has been presented to them. It is a group of people chosen and sworn to look into a matter of fact and render a judgement based on the evidence.

Who becomes a jury in court?

The names of local residents who are registered to vote and have driver's licences are chosen at random by each district court. To assist establish if they are qualified to serve on a jury, the individuals who are randomly chosen fill out a questionnaire.

Who gives the verdict judge or jury?

The jury first determines the facts as supported by the evidence, then applies the law in accordance with the court's instructions, and lastly, it renders a judgement that concludes the case.