| dc.description.abstract | This thesis examines the mode of trial concerns in the U.S.A., New York State,
California, England and Wales and Canada --specifically the ability of the jury to
comprehend complex cases and the perception/reality that bench trials may not be as fair
as jury trials. Defining complex cases as those involving serious fraud indictments,
capital murder trials, and lawsuits or indictments against corporations and their managers,
the thesis examines problems associated with jury trials in such cases. It evaluates the
comparative law and customs and practices regarding the use of juries, emphasizing
problems with jury selection, deficits in jury deliberation and post trial problems
associated with jury verdicts. The thesis also evaluates the judge only trial, attempting to
determine whether a state imposed non jury trial in a criminal case as is presently
proposed in the England and Wales Parliament creates an unfairness to the defendant
because bench trials significantly differ from jury trials in the application of the rules of
evidence and in the role of the judge.
The thesis reports on the results of a survey of New York State trial judges, a like survey
of New York State lawyers, and the opinions of nine England and Wales judges
authorized to try serious fraud cases who were interviewed regarding these issues. The
surveys and interviews finds that there is a high degree of support for jury verdicts
expressed by the judges, examines evidentiary and pretrial practices in both modes of
trial and attempts to evaluate whether claims of procedural flaws and prejudice in bench
trials by respected academics are accurate.
The thesis concludes by affirming the competence of juries to try complex cases,
proposing modifications to post jury verdict procedures to evaluate jury misconduct and
advocating that the bench trial evidentiary rules and conduct rules become comparable to
the jury trial. The thesis recommends that mode of trial choices be given to the
defendant, advocates that when a bench trial is selected that peremptory challenges of the
trial judge be permitted and postulates that these reforms will make the bench trial a more
attractive alternative to the jury trial in complex cases | en_US |
