Disadvantages of Using Juries Flashcards
Main structure for P1
- Point: secrecy
- Example: Young 1985
- Counter argument: secrecy of the jury room
- Example: Bushell’s Case 1670
Main structure for P2
- Point: Perverse decisions
- Example: Kronlid 1996
- Counter argument: Jury equity
- Example: Ponting’s Case 1984
Main structure for P3
- Point: media influence
- Example: Taylor Sisters 1993
- Counter argument: Impartiality
Main structure for P4
- Point: lack of understanding
- Example: research shows doubts about 5% of jury convictions
- Counter argument: open system of justice
Secrecy
- Jury does not need to give a reason for decision reached
- Makes it difficult for D appeal
- No way of knowing how the decision was reached or if the case was understood
When was the case of young?
1985
What happened in Young 1985?
4 jurors held seance to try contact 2 murder victims to find out who murdered them
Counter argument of secrecy of the jury room
- Jurors are free from pressure in discussion
- Can ignore strict letter of the law
- Demonstrated in Bushell’s case 1670
When was Bushell’s case?
1670
What happened in Bushell’s case 1670?
- Jury refused to convict Quaker activists
- Fined and imprisoned
- Released after an appeal
Perverse decisions
- Juries able to ignore laws they feel are unjust
- Creates uncertainty
When was the case of Kronlid?
1996
What happened in the case of Kronlid 1996?
Jury acquitted group of peace campaigners who caused damage to a Hawk jet fighter
Counter argument of jury equity
- Jury can disagree with a particular law
- Apply their own idea of fairness
- Juries almost always reach a verdict and convict 2/3 of the time
- Ponting’s case 1984
When was Ponting’s case?
1984
What happened in Ponting’s case 1984?
Jury refused to convict a civil servant who had leaked information
Media influence
- Difficult for juries to remain independent and free from influence
- Especially on high profile cases where there is a lot of publicity
When was the case of the Taylor Sisters?
1993
What happened in the case of the Taylor Sisters 1993?
Guilty convictions overturned as the sensationalist media coverage may have influenced jurors
Counter argument of impartiality
- Jurors not connected with anyone involved in the case
- Random selection should represent cross-section of society
- 12 people cancel out each other’s prejudices
Lack of understanding
- Lack legal qualifications
- No minimum standard for education
Evidence for lack of understanding
- Research shows doubts about 5% of convictions
- Some jurors admitted having difficulty understanding cases
- Although it’s only small amount of people, is concerning when on criminal matters it’s someone’s liberty at stake
Counter argument of open system of justice
- Allows the ordinary person to take part in administration of justice
- Helps citizens feel empowered
- Justice is seen to be done
Conclusion
In conclusion, while there are many advantages to a jury (especially concerning an open system of justice), it can be argued that, due to the untrained nature of and the freedom given to the jury, they are a disadvantage to criminal cases
