13- Evaluate The Jury System

Question 1

List 5 strengths of the jury system.

Answer 1

1. Independent and impartial
2. Reflects community values
3. Accessible
4. Promotes community engagement
5. Less restricted

Question 2

How is the jury system independent and impartial?

Answer 2

As a result of the Summoning and Empanelment processes, jurors should not know anyone involved in the case and therefore harbour no bias.

Question 3

What is the flip to juries being independent and impartial?

Answer 3

Juries can still be influenced by emotional bias, or a persuasive and charismatic barrister.
They may also struggle to put aside prejudice or preconceived ideas.

Question 4

How does the jury system reflect community values?

Answer 4

Ideally, juries consist of people of all races, genders, ages and sexualities. Therefore the verdict should represent the opinions of the broader community.

Question 5

What is the flip to reflecting community values?

Answer 5

There is not necessarily a true reflection of community values - people can be disqualified, ineligible, excused or challenged.

Parties may challenge a certain type of person to skew the jury in their favour (eg, choosing mothers on the jury when the accused is a youth).

Question 6

How is the jury system accessible?

Answer 6

To make information more accessible and intelligible for the jury, parties may present evidence with more clarity.

Question 7

What is the flip to the jury’s accessibility ?

Answer 7

Even when presented in simpler terms, the jury may still not understand the complexities of legal information and processes.

Therefore information is not accessible.

Question 8

How are the jury’s actions less restricted?

Answer 8

The jury is not bound by precedent, nor do they have to provide a reason for their verdict.

Question 9

What is the flip to juries being less restricted?

Answer 9

When no reason is given, the accused had no grounds for appeal. The jurors may also make decisions based on their emotions, rather than applying points of law.

Because they don’t follow precedent, juries have also proven to award inconsistent damages in civil disputes.

Question 10

How does the jury system promote community engagement?

Answer 10

By having a mandatory jury service, the community fulfills their civic responsibility. This also increased the public’s faith in the legal system.

Question 11

What is the flip to community engagement in the legal system?

Answer 11

Having a jury increases the time taken and the cost of completing legal proceedings, particularly in the case of a hung jury.

For example, in the 2016 Joshua Hardy murder trial.