advantages and disadvantages of using juries in criminal courts Flashcards
first advantage
trial by your peers,
‘no freeman shall be…imprisoned … except by the lawful judgement of his peers”
-this means it would reduce the possibility of corruption because there are many jurors not just one person making the verdict
second advantage
- a jury verdict appears to be a fair verdict
- juries represent a cross-section of the community because the people who make the jury are from different backgrounds, so a healthy exchange of views before reaching a verdict is done
third advantage
-because ordinary members of public are reaching a verdict, a discipline is imposed on the prosecution. so, they can use a route to verdict document as a guideline (so they would know how to proceed)
fourth advantage
they don’t need to give reasons for their decision and are protected by secrecy of jury deliberating room
-Bushells case 1670, judge must accept the verdict
first disadvantage
- verdict from jury can be unpredictable
- you aren’t allowed to use outside influences, R v Young used a ouija boards to contact a dead victim to get info about his killing
second disadvantage
- when cases receive a lot of media attention, the jury may be influenced by what they have seen so MIGHT NOT REACH A VERDICT BASED ON EVIDENCE
- eg, 13 days after the discovery, two missing girls- Holly Wells and Jessica Chapman- were extensively reported in the media
third disadvantage
the jury may not have the understanding to reach a verdict, eg, when Vicky Pryce took points from her partner to avoid them getting disqualified
fourth disadvantage
verdict from jury can be unpredictable made for moral reasons
- eg, General Belgrano sailed away when ship was being bombed whereas government said he was a threat