Disadvantages Of Juries

Question 1

What are 4 disadvantages of Juries?

Answer 1

Perverse decisions
Secrecy
Lack of understanding
Media influence

Question 2

Why is perverse decisions a disadvantage?

Answer 2

1. Creates uncertainty as Jury can ignore law.
2. despite a case being seen as clear cut, decision can be seen as unjustifiable.
3. Adds unpredictability and unreliability to an already mentally challenging situation.
4. Not case hardened so hurt more susceptible to manipulation

Question 3

What is an example of a perverse decision?

Answer 3

Kronlid 1996:
Peace campaigners admitted to criminal damage to Hawk fighter jet, said they were protecting innocent lives, Jury said non guilty.

Question 4

Why is secrecy a disadvantage?

Answer 4

Jury does not need to provide a reason, so no reason to understand how or why a decision was made.
No way of knowing if jury actually understood the case.

Question 5

Example of secrecy as a disadvantage?

Answer 5

Mirza 2004:
Juror complained to judge of racial bias shown by other jurors affecting their decisions, court couldn’t inquire due to the protection and secrecy of jury.

Question 6

Why is lack of understanding a disadvantage?

Answer 6

Jurors lack legal qualification so they 1) don’t understand complexities of cases or 2) don’t understand judges instructions of how to reach decision.
There is doubt about 5% convictions and 12% use internet despite instruction not to

Question 7

Proof of lack of understanding

Answer 7

proven by Thomas report 2010 where only 31% of jurors understood the judges instructions

Question 8

Why is media influence a disadvantage?

Answer 8

In high profile cases with lots of media coverage, jury may find it hard to come to a fair decision.

Question 9

E.g. of media coverage

Answer 9

Taylor Sisters (1993):
2 Sisters charge with murder, newspapers published misleading images, judge gave leave of appeal and COA quashed convictions