Advantages Of Juries Flashcards
What are 4 advantages of juries?
Jury Equity
Impartiality
Secrecy of jury room
Ensures public confidence
Why is Jury equity an advantage?
- Jury disagree with strict law and apply own ideas of fairness.
- Don’t need to give reasons for their decision.
- Can do what they think is morally correct.
- Applies to the context of the case, law is arguably to definitive
- Convict 2/3 of time
What is an example of jury equity?
Colston Four:
The D’s were trialed for criminal damage for removing statue of Colston in Bristol, a slave trader.
Jury found them not guilty because of the context of the case, did not represent people of Bristol and had pressured Bristol council for years.
Why is impartiality an advantage?
- Jurors are not connected to anyone in the case so no personal bias.
- Sit for 2 weeks and disband so not case hardened.
- 12 jurors cancel out any prejudices.
- Random selection creates a cross section of society.
What is an example of impartiality?
The Thomas Report 2010 concluded that “all white juries do not discriminate against ethnic minorities.”
63% of white and Asian d’s convicted
67% of black D’s
Why is secrecy of the jury room an advantage?
The jury is free from external pressure by the media making false claims, public reacting emotionally, judges or state. Can ignore strict law that does not fit context of case.
What is an example of secrecy of jury room being a +
Bushell Case 1670:
Jury refused to convict a group of Quaker activists, Judge disagrees with decision and fined and imprisoned jury. After appeal they were released as judge has no control of jury.
Why is ensuring public confidence a +
The jury is a fundamental part of democracy as it shows not just the state is charging, convicting and sentencing. People can see justice be exercised by normal people
What is an example of public confidence?
Pontings Case 1984:
Civil servant leaked info about illegal sinking of the Belgrano ship in Fawklands War despite signing an official secrets act.
People saw that whistleblowers were protected in legal system and it’s a check and balance on the govt.
