disadvantages of juries Flashcards
perverse decisions
someone who is clearly guilty can easily be acquitted with right of jury; R v Randle and Potter 1991: defendants charged with helping spy George Blake escape prison, protest at 25 year gap between crime and conviction - jury acquitted D despite originally admitting to guilt; wrong decisions such as this one can lead to loss of confidence by the public; can be solved through jury vetting and appeals by prosecution or defence
lack of representation
may have bias or prejudice against a certain person in case; those ineligible to vote such as homeless people as well as those of a specific ethnicity are discriminated against and excluded; example of racial bias in Sander v UK - juror sent note to judge stating racist jokes were made in jury room but case was allowed to continue despite this; however possibilities to challenge judge are available if this occurs
secrecy
no reasons have to be given for verdict meaning it’s never known whether case has been truly understood; impossible for malpractice investigation to take place; R v Young 1995 - defendant charged with murder of two people, jury had to stay overnight in hotel as hadn’t reached verdict, jury made decision on double murder using ouija board (4 jurors) after trying to contact the dead and ask who killed them, next day verdict was guilty, when truth was discovered CoA quashed conviction and ordered retrial; therefore decision experimental which is dangerous as it was based on guesses; contempt of court act created as a result; however important to keep secrecy to reduce influences in jury
