Learning From the Past? Or Destined to Repeat Past Mistakes?: Lessons from the English Legal System and its Impact on How We View the Role of Judges and Juries Today

Abstract

This Article examines the proper scope of judge and jury participation in modern trials, specifically what amount of power should be afforded to judges and jury members to elicit information from witnesses. Part I of this Article explains how allowing neutral parties to ask questions during trial the will benefit the truth finding process by extracting more information from the witness, but also increase the potential for bias and may prevent attorneys from effectively advocating for their clients. Part II explores the evolution of the role of judge and jury from its medieval conception through the eighteenth century. Part III explores the current role of jury and judges in the modern trial. Part IV concludes this Article by arguing in favor of increased participation by judges and jurors in trials.