Disadvantages of Trial by Jury A03 Flashcards
What are the 4 WDPs for disadvantages of trial by jury
Perverse verdicts
Secrecy of the jury room
Bias
Media influence
-P1: Jurors have been known to not adhere to the ‘strict letter of the law’
can result in perverse verdicts = inconsistency
-DP1: R v Owen - df was undoubtedly guilty of attempted murder
acquitted by the jury due to sympathy = no justice
+WDP1: Jury not case hardened
more likely to be less biased
-P2: Secrecy of the jury room
don’t have to give reason for their verdict, may not understand the evidence and nobody would know
-DP2: Jurors could make decisions based on prejudice
Could result in an unfair biased travel
+WDP2: R v Young
df successfully appealed murder conviction when it was revealed that jurors used a ouiji board = fair
-P3: Jurors own bias may affect the verdict
e.g: people who don’t like law enforcement
-DP3: Sander v UK
Asian man had racist jokes made by jurors, and the judge refused to dismiss the jury = unfair
+WDP3: Jurors should be unbiased due to random selection
Jury vetting works to prevent bias
-P4: Media coverage could influence jurors opinions
may reach a verdict based on false information father than evidence
-DP4: R v West
df appealed when her case received extreme amount of media attention, saying it was impossible to have a fair trial;
-WDP4: Jurors shouldn’t be influenced by external sources
all jurors will not take media coverage as fact = fair