evaluation of juries

Question 1

juries - public confidence

Answer 1

Juries are fundamental to a democratic society

Right to be tried by one’s peers dates back to 1215 (Magna Carta)

Lord Devlin: “the lamp that shows that freedom lives”

Public very happy with jury trials overall

advantage

Question 2

juries - jury tampering and media influence

Answer 2

Defendants sometimes try and interfere with the jury (threats / bribes)
* If evidence emerges of this – prosecution can apply for judge only trial.
* R v Twomey and others (2009) - serious attempt at jury tampering. CoA allowed trial without a jury (1st time ever)

Concern that media coverage of the case they’re sitting on may influence jurors
* R v Taylor and Taylor (1993) – risk of confusion of jurors

disadvantage

Question 3

juries - jury equity

Answer 3

Jurors are allowed to decide cases based on fairness rather than what the law ‘says’

Ponting’s case (1984) – civil servant leaked info on sinking of the Belgrano in Falklands War by the U.K – showed U.K. Gov had lied. Jury refused to convict him even though he had clearly broken the Official Secrets Act

Question 4

juries - perverse decisions

Answer 4

Where jurors go ‘against’ the law and decide themselves this can lead to perverse decisions (where the person should really be found guilty)

• R v Randle and Pottle (1991) – D’s helped a spy escape from prison and wrote about it 25 years later – then arrested. Jury refused to convict.
• R v Kronlid and others (1996) - £1.5 million damage in protest. Jury would not convict.

Question 5

juries - open system of justice

Answer 5

Justice is seen to be done as members of the public are involved in the justice system

Transparent and open system and it is your duty as a citizen

Means the law has to be made clearer so it can be explained to lay people in cases

advantage

Question 6

juries - lack of understanding

Answer 6

There are serious concerns about the understanding of jurors.

‘Are Juries Fair’ Report – Cheryl Thomas (2010) – used simulated trials. Found only 31% of jurors actually understood the directions.

Question 7

juries - jury secrecy

advantage

Answer 7

Jury is free from pressure when discussing the case because it is secrete.

Protects them from outside influences

Allows jurors to bring ‘unpopular’ verdicts – e.g. where the public don’t like the result.

Question 8

juries - jury secrecy

disadvantage

Answer 8

As there are no reasons given for a verdict, there is no way of knowing how they reached that verdict.

• R v Young (1995) – jurors used a Ouija board to contact victim in murder trial then convicted D. CoA quashed conviction and ordered a retrial.
• R v Karakaya (2005) – Juror did an internet search and brought in resources. Convicted. CoA quashed this and ordered a retrial.