Trial by Jury in Scotland and the UK

Introduction:

In Scotland, the legal system places significant importance on trial by jury. Here are key aspects of the trial-by-jury process:

Composition of Jury:

• A Scottish jury comprises 15 adults selected randomly from the electoral register.
• Individuals on the electoral register, aged between 18 and 70, are eligible for jury service.
• Certain professionals, such as ministers of religion, lawyers, and police officers, are exempt from jury service.

Eligibility Criteria:

• Individuals cannot serve on a jury if they have been on probation within the last five years or have received a sentence involving prison, detention, or community service within the previous ten years.

Cost and Considerations:

• Trial by jury is considered a fundamental aspect of the Scottish legal system.
• Some discussions have arisen regarding the cost-effectiveness of jury trials, as they involve significant expenses.
• While there are debates about the cost, many view trial by jury as a fundamental human right, ensuring a fair trial for individuals.

Trial Process:

• The trial involves jurors listening to evidence presented by both the prosecution and the defence.
• After deliberation, the jury reaches a verdict, which can be guilty, not guilty, or not proven.

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Trial by Jury in Scotland and the UK

Modern Studies

Role of Judges:

• Judges are responsible for deciding the punishment (sentence or disposal) when an individual is convicted.
• Sentences aim to achieve various goals, including retribution, protection of the public, deterrence, rehabilitation, and reparation.

Types of Sentences:

• Retribution: Imposing a sentence proportionate to the crime, e.g., life imprisonment for murder.
• Protection of the Public: Jailing the offender to safeguard society.
• Deterrence: Using prison sentences and fines to discourage re-offending and prevent others from committing crimes.
• Rehabilitation: Focusing on changing the offender's behaviour through prison or alternative methods.
• Reparation: Compensating the victim through measures like compensation orders.

The trial-by-jury process contributes to the principles of justice and fairness within the Scottish legal system.