CRIMINAL COURTS AND LAY PEOPLE - Jury12 Markers PAPER 1 Flashcards
Advantages of using jurors
Jury equity
Secrecy
Public have confidence in them
Impartial
Advantage jury equity
Can decided verdict on what they think is morally right and wrong. If unfair, don’t have to follow. R v Owen d was almost certainly guilty but Jury sympathised for him as he felt he had been punished enough
Advantage secrecy
Contempt of court act 1981 makes it an offence to share discussions which take place in jury room. Also don’t need to reveal reasons for decision (bushel). People would not want to be jury if they were judged for their verdict - don’t know they are being fair R v young used an ouija board
Advantage - public have confidence in them
Jury representatives of society making system more democratic. Survey by law society showed 80% of people would trust a jury more than a judge or mag. Jury may be mislead by info online like in AG v Dallas
Advantage- impartial
Jury members can’t know anyone involved so no bias. Re Wilson and sprason the wife of the prison officer overseeing d was not allowed to sit on the jury for fear this may create bias. However can’t tell if they’ve been bias based on race or religion eg
Disadvantages
Perverse decisions
Discussions are done in secrecy
Modern tech could bias jury
Bias based on race of D
Perverse decisions
Go against law. Due to following conscious, lack of understanding of case as they are lay people. R v owen d was almost definitely guilty but was allowed free as jury felt bad for him therefore denies d the right to a fair trial. However allows flexibility.
Discussions in secrecy
Contempt of court act make it an offence to share discussions that were in the jury room. Don’t need to reveal reasons ( bushels case)
R v Young the jury used a ouija board to make decision. Can’t tell of jury are using evidence or random info. Positive tho as they can’t make decisions more openly without fear of being judged by public
Technology bias the jury.
Info on case is on internet. Juries only meant to use info from court under oath or affirmation. In 2010 shows 12% of jurors use internet. Problem in AG v Dallas and has led to the criminal justice and courts act 2015. However public still trust jury more than magistrates
Bias based on race or profession of D
Some people find certain jobs more or less honest than others. Or have a prejudice against other races. Sandler v UK members of jury were being racist to D. Went against D right of a fair trial therefore justice is not being achieved. Minimise it by not letting anyone connected to the case personally to sit on jury
