FAULTS OF THE JURY SYSTEM Flashcards
Fault of the Current Jury System:
The jury may not be a true cross-section of the community.
Why is this a fault?
This is a fault because ‘trial by peers’ literally means that the jury should be a cross-section of society, representative of the community, impartial, and independent. Most of the time the jury is not a true cross-section of society due to some groups being exempt from jury duty, and due to how the jury is comprised based on factors such as race, sex, age, and more. Thus, due to the jury not being a true cross-section of society, the decision they reach may not reflect the community’s values.
Fault of the Current Jury System:
The jury may be influenced by outside media sources.
Why is this a fault?
If a case is within public interest and the jury members are influenced by the media’s interpretation of the events in the case, the decision that is reached will be biased and based on emotional influences, which goes against the foundation of what a jury is supposed to be.
Fault of the Current Jury System:
A jury is not required to give reasons for their decision.
Why is this a fault?
A jury does not have to give any reasons for their decision, therefore their decision could be based on any kind of reasoning. This means that their decision could potentially be based on what they personally believe is right, rather than being based on what the law dictates.
If the jury was required to give reasons for their decision, it could be ensured by the judge that the necessary points of law were followed and whether the reasoning was appropriate.
