Advantages And Disadvantages Of Juries Flashcards
What is one advantage of juries?
Juries have jury equity, allowing them to decide cases based on fairness without needing to provide reasons for their verdicts.
Established in Bushell’s Case 1670.
Can you provide an example of jury equity?
In Kronlid, women damaged planes to prevent their use in war and were acquitted despite being legally at fault.
Similar cases include Blythe, where a man was acquitted for supplying cannabis to his ill wife.
What is a disadvantage of juries?
Juries can reach perverse decisions, refusing to convict in clear-cut cases.
For example, in Owen, a man was acquitted for killing the man who killed his son.
What is another example of a perverse jury decision?
In 2022, the ‘Colston Four’ were found not guilty of criminal damage after pulling down a statue, despite having committed the crime.
This was influenced by the heightened awareness of the ‘Black Lives Matter’ movement.
What is a second advantage of juries?
Juries promote public confidence in the criminal justice system by supporting the principle of ‘trial by peers’ established by the Magna Carta in 1215.
How do juries contribute to transparency in the legal system?
Juries make the legal system more transparent as the law must be explained to them, allowing defendants to understand the accusations against them.
What did Lord Devlin say about juries?
Lord Devlin stated that juries are the ‘lamp that shows that freedom lives’, highlighting the importance of being tried by one’s peers.
What is a disadvantage regarding jury influence?
Ordinary citizens may be easily influenced by the media, especially in high-profile cases.
In Taylor and Taylor, misleading photos influenced the jury’s decision.
How can the internet influence jury decisions?
Jurors may research cases online, leading to costly retrials and potential imprisonment for jurors, as seen in the case of Theodora Dallas.
What is jury nobbling?
Jury nobbling occurs when jurors are threatened or bribed, particularly in criminal gang cases, which is costly to prevent.
What is a concerning behavior exhibited by jurors?
In one case, jurors held a séance to contact alleged victims, resulting in a guilty verdict that was later quashed on appeal.
This raises concerns about the fairness of trials.
What is an advantage of jury room secrecy?
It allows jurors to discuss freely without external pressure.
The Contempt of Court Act 1981 makes it a criminal offence to disclose the jury’s deliberations.
What is a disadvantage of jury room secrecy?
The jury does not need to provide reasons for their decision, making it difficult for defendants to appeal.
What issue arises from compulsory jury service?
It may be inconvenient for some jurors, leading to rushed decisions.
What did a 2010 Ministry of Justice report find about jurors’ understanding?
Two out of three jurors do not fully understand the legal directions given by judges.
What is a suggested limitation on jury trials according to the Roskill Committee?
Juries should not be used for fraud trials due to the complexity of discussions.
What is an advantage of jury impartiality?
Jurors are randomly selected, which should lead to a cross-section of society and reduce bias.
What is a disadvantage related to juror bias?
Jurors may have prejudices that affect their verdicts, such as racist or sexist views.
In Sander, a juror reported that others were making openly racist jokes.
How can a dominant personality affect jury decisions?
It can unfairly influence other jurors, leading to a biased verdict.
