Advantages of Trial by Jury A03 Flashcards
What are the 4 WDPS for advantages of trial by jury
Jury Equity
Impartiality
Public confidence & democracy
+P1: Don’t have to follow precedent or give reason for the verdict
jurors will not be penalised and judges cannot influence them = fairer and unbiased
+DP1: Jurors more inclined to reach decisions based on fairness
Bushell’s case - jury are the ‘master of facts’
-WDP1: Decision is entirely independent of jurors
Can result in inconsistent verdicts for similar cases
+P2: Jurors should be impartial and shouldn’t have connections to the case - eliminated in jury vetting
More likely to have a less prejudice or biased outcome = fairer trials
+DP2: Jurors less likely to question the evidence
more likely to go off what they have heard in the courtroom as they have little legal knowledge = fairer as they take the facts as they are
-WDP2: juries own morals and prejudice may influence the decision
R v Gregory - racist comments made in the jury room and despite the judges warning df was still convicted.= problematic
+P3: Trial by peers fundamental right in democratic society
Ordinary citizens can decide the verdict without external influence or pressure = fairer
+DP3: jurors are selected at random, should represent a diverse cross section of society
varying legal knowledge and background = more likely to receive an impartial and fair trial
-WDP3: Jurors not always representative of society + some jurors have more influence than others
R v Abdroikof foreman was a police officer = df had to appeal
+P4: Jurors can have zero legal knowledge
Jurors aren’t used to seeing the cases like judges are, first time in a criminal court = not desensitised or case hardened
+DP4: More emotionally tied to the case
more likely to reach a verdict with the evidence presented = fairer trial
-WDP4: can result in inconsistent outcomes due to lack of legal knowledge
arguably unfair on df
