Just judge: the jury on trial

Slater, J. (2023) Just judge: the jury on trial. American Philosophical Quarterly, 60(2), pp. 169-186. (doi: 10.5406/21521123.60.2.05)

Abstract

In this paper, I consider arguments in favor of jury trials. While I find these generally persuasive, I argue that there can be cases where juries are not fit for purpose. In those cases, I argue that they should be replaced by judge-only trials. In doing so, I propose a framework for determining whether a type of case is unsuitable for jury trials. Partly in response to low conviction rates, there have been recent suggestions that rape trials should be conducted without juries. I suggest that there is strong evidence that these offences qualify under the criteria I have described. As a result, I argue that judge-only trials should be adopted for trying rape cases. Content note: This paper discusses rape throughout.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Slater, Dr Joe
• Authors: Slater, J.
• College/School: College of Arts & Humanities > School of Humanities > Philosophy
• Journal Name: American Philosophical Quarterly
• Publisher: University of Illinois Press
• ISSN: 0003-0481
• ISSN (Online): 2152-1123
• Published Online: 22 March 2023
• Copyright Holders: Copyright © 2023 University of Illinois Press
• First Published: First published in American Philosophical Quarterly 60(2):169-186
• Publisher Policy: Reproduced in accordance with the copyright policy of the publisher