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Lookup NU author(s): Dr Kay CrosbyORCiD
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).
The Criminal Justice and Courts Act 2015 creates several new offences relating to juror misconduct, which have generally been considered pragmatic responses to the immediate problem of jurors using the internet to find additional “evidence”. Taking as its starting point the possibility of jury studies being written from an “interdisciplinary” perspective situated between mainstream legal scholarship and legal history, this article argues that after the practical abolition of juror punishment in 1670 the judge-jury relationship has usually been focused on juror guidance, not on juror punishment. This has had important consequences for the institution’s civic function, meaning any move in the direction of juror punishment has to be considered not simply as a pragmatic response to an immediate, isolated problem, but also as an important part of the jury’s continuing history as a political institution.
Author(s): Crosby K
Publication type: Article
Publication status: Published
Journal: Criminal Law Review
Year: 2015
Volume: 2015
Issue: 8
Pages: 578-593
Print publication date: 01/08/2015
Acceptance date: 11/02/2015
Date deposited: 10/03/2015
ISSN (print): 0011-135X
Publisher: Sweet & Maxwell Ltd
