Disadvantages of Trial by Jury A03 Flashcards

1
Q

What are the 4 WDPs for disadvantages of trial by jury

A

Perverse verdicts
Secrecy of the jury room
Bias
Media influence

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2
Q

-P1: Jurors have been known to not adhere to the ‘strict letter of the law’

A

can result in perverse verdicts = inconsistency

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3
Q

-DP1: R v Owen - df was undoubtedly guilty of attempted murder

A

acquitted by the jury due to sympathy = no justice

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4
Q

+WDP1: Jury not case hardened

A

more likely to be less biased

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5
Q

-P2: Secrecy of the jury room

A

don’t have to give reason for their verdict, may not understand the evidence and nobody would know

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6
Q

-DP2: Jurors could make decisions based on prejudice

A

Could result in an unfair biased travel

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7
Q

+WDP2: R v Young

A

df successfully appealed murder conviction when it was revealed that jurors used a ouiji board = fair

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8
Q

-P3: Jurors own bias may affect the verdict

A

e.g: people who don’t like law enforcement

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9
Q

-DP3: Sander v UK

A

Asian man had racist jokes made by jurors, and the judge refused to dismiss the jury = unfair

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10
Q

+WDP3: Jurors should be unbiased due to random selection

A

Jury vetting works to prevent bias

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11
Q

-P4: Media coverage could influence jurors opinions

A

may reach a verdict based on false information father than evidence

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12
Q

-DP4: R v West

A

df appealed when her case received extreme amount of media attention, saying it was impossible to have a fair trial;

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13
Q

-WDP4: Jurors shouldn’t be influenced by external sources

A

all jurors will not take media coverage as fact = fair

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