Reason and Legitimate Expectations in Criminal Trials

Abstract

Is an explained jury verdict a legitimate expectation of a modern democracy especially in light of Human Right Conventions? Should our criminal justice system invest time and energy in enhancing trial experience by reflecting the needs to know the reasons behind a verdict? To answer these questions, this paper explores International Conventions and the legal systems in the USA, South Africa, France, Belgium and Scotland and compares these to that of England. The emerging jurisdictions of both Spain and Russia in terms of trial by jury are also explored and attention focuses on an English translation of the Spanish Constitution.This paper argues that a necessary nexus exists between a fair trial process and reasoned judgment as a legitimate expectation of participants in a jury trial. These actors include the defendant, the victim and the criminal justice system. It further argues that the fulfillment of such expectation, far from constituting harm, will invest the criminal justice system with much needed legitimacy and re-enforce our notion of participatory democracy.