Peter Jones

Ancient and Modern: Televising trials

issue 26 November 2011

English juries are warned to reach their decision exclusively on the evidence put before them. Would the proposed intrusion of TV into the courtroom (as in the USA) threaten this restriction by turning the trial into a public performance? The ancient Athenian case may be salutary.

In Athens, all cases were privately brought, before a jury of (usually) 501 citizen males over 30 (no judge). Litigants pleaded their cases themselves (no barristers). Both parties spoke once, for equal periods. The evidence of witnesses was read out (no cross-questioning), and the jurors then passed their verdict (no discussion). And it all took one day. But while it is clear that the facts of the case in hand were of some importance, they were not the whole story. Both defence and prosecution spent a great deal of their time expatiating on other issues because there were no rules of evidence, let alone reporting restrictions.

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