RTÉ Brainstorm – Is it possible to have a socially distant trial by jury?

Whitaker Institute member Dr Rónán Kennedy, Technology and Governance cluster leader, has co-authored a new piece for RTÉ Brainstorm with Dr Conor Hanly. The article looks at how social distancing might take place in a courtroom setting.

Is it possible to have a socially distant trial by jury?

How would social distancing work inside the Courts of Criminal Justice in Dublin? Photo: Sasko Lazar/Rolling News

Opinion: here are some suggestions to ensure constitutionally mandated jury trials can take place in a safe environment for all participants

Trial by jury for serious offences is a fundamental element of Ireland’s criminal justice system, guaranteed by our Constitution. It is a safeguard: for all its power, the State cannot punish a person on trial without the consent of the jury. For this reason, the jury has been called the palladium of liberty, and the lamp that shows that freedom lives.

In a statement on March 16th, the senior Irish judiciary announced the effective suspension of jury trials for the duration of the emergency brought about by the coronavirus. The suspension is temporary, and the criminal justice system will have to resume at some point regardless of the virus situation. Crime has not stopped, and there are many indictments that require resolution. Victims and accused are entitled to closure. Continue reading…