
The Myth and Promise of the U.K. Jury Trial
Clive Stafford Smith, the civil rights lawyer and founder of the Justice League, argues that the British jury trial is under threat from several directions at once. He examines David Lammy's proposal to eliminate half of jury trials to clear court backlogs, contrasts Britain's lack of a Sixth Amendment equivalent with American constitutional protections, and traces how non-unanimous verdicts were invented in 1898 specifically to eliminate Black jurors from Southern juries. He revisits Bushel's Case of 1670, when jurors refused to convict William Penn for preaching, as the origin of jury independence, then turns to live controversies: the Fulton Six, Palestine Action prosecutions, and the Freshwater Five, where moving a trial's venue shaped its outcome. A Louisiana death penalty case illustrates what jury selection safeguards can prevent. He closes warning that British complacency lets these rights erode unnoticed.