Judge Without Jury: Diplock Trials in the Adversary System

It would be difficult to overstate the symbolic significance of the jury within the common law tradition. While the actual number of cases tried by jury has declined steadily in recent years, trial by one's peers remains virtually unchallenged as the ideal forum for resolving serious criminal disputes. Since 1973, however, cases connected with the 'troubles' in Northern Ireland have been tried by a judge sitting without a jury in 'Diplock' courts. This book provides the first systematic comparison of the process of trial by judge alone with that of the trial by jury. The authors set out to determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process. This book does not aim solely to contribute to the debate on the Diplock system in Northern Ireland, but also to the broader debates on the jury and alternative modes of trial. This book will also contribute to discussions of the respective attractions of adversarial and inquisitorial models of criminal justice.