Advantages of Jury Trial Flashcards
What is the jury considered as?
one of the fundamentals of a democratic society
What did Lord Devlin say about juries?
that juries are’ the lamp that shows that freedom lives’
How can it been seen that people have confidence in jury trials?
can be seen in the objection to withdrawing the right to jury trill from cases of ‘minor’ theft
How is it possible for jurors to decide on cases on their idea of ‘fairness’? (3)
- Not legal experts
- not bound to follow the precedent of past cases or Acts of Parliament
- Do not have to give reasons
What is jurors ‘fairness’ referred to as?
‘jury equity’
what case reflects ‘jury equity’?
Ponting’s case 1985
What happened in Ponting’s case 1985?
the jury refused to convict the defendant even though the judge ruled that there was no defence which led the Government to reconsider the law and to amend s 2 of the Official Secrets Act 1911
How does a jury create an open system of justice?
as justice is seen to be done as members of the public are involved in a key role and the whole process is public
How does a jury help to make the law clearer to the defendant?
as points have to be explained to the jury, enabling the defendant to understand the case more easily
Why is it an advantage that the jury do not have to explain their reasoning compared to a judge?
a judge has to explain his reasoning and if he has made an error it is known and can be appealed against
How is the secrecy of the jury room an advantage?
Jury is free from pressure during discussions from outside influences
Why is it an advantage of secrecy in the jury room to encourage the attendance of jurors?
it has been suggested that people would be less willing to serve on a jury if they knew that the discussions could be made public
How are jurors impartial? (2)
- They are not connected to anyone on the case
- process of random selection should result in a cross-section of society leading to an impartial jury and so different prejudices should cancel each others out
How are jurors not case hardened?
They only sit for 2 weeks and are unlikely to try more than 3 or 4 cases in that time
What does Sir Sebag Shaw state about juries?
‘it is anonymous and amorphous’
