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Family law without juries.
From:
LawNow
| Date:
April 1, 2000| Author:
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COPYRIGHT 2000 Legal Resource Centre of Alberta Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.
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When asked to explain and justify the use of juries to try cases, even as strong a booster of the jury system as Lord [Patrick] Devlin was notably ambivalent in his famous work, Trial by Jury. To him, trial by jury was "the lamp that shows that freedom lives". However, he also said that juries were often not as competent as judges and were unfit for certain judicial tasks, such as the resolution of family law issues. It now seems that the idea of a jury trial on a family law case would be a startling notion. Why so?
The diffidence of Devlin's endorsement of the jury trial is ...
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