'With cat-like tread' : jury trial and the European Court of Human Rights.

摘要

This article critiques the impact of the European Convention on Human Rights, as interpreted in the jurisprudence of the Strasbourg Court, on the criminal trial jury. It argues that thus far the Convention has had a limited effect on jury trial, and that the Court tends to proceed with undue caution when confronted with issues affecting the key attributes of this mode of trial. It further argues that this caution may be influenced by non-legal considerations which should have no place in human rights adjudication.