Juries A03 Flashcards
How does the jury system promote public confidence and democracy?
Trial by peers, a key democratic principle, allows ordinary citizens to decide guilt or innocence, ensuring justice is participatory and fair, as protected by the European Convention on Human Rights.
What is meant by an ‘open system of justice’?
Justice is seen to be done when the public is involved in serious criminal cases and the process is open for all to witness.
What is ‘jury equity’ and how does it work?
Jurors aren’t bound by legal precedents and decide cases based on fairness, even when the law might suggest a different verdict, as shown inBushell’s case(1670).
Why is secrecy of the jury room an advantage?
Jurors can make independent, impartial decisions without outside pressure, allowing for verdicts that might not follow the letter of the law but are fair.
How does the jury system promote impartiality?
Jurors are randomly selected from the electoral register, ensuring they are not connected to the case and remain unbiased.
What does the jury system say about the cross-section of society?
A diverse jury reflects society, as research has shown fair representation of black and minority ethnic groups.
Why is the jury not ‘case-hardened’?
Jurors serve for short periods and only hear a few cases, so they’re less likely to develop an unsympathetic attitude towards defendants.
Why is the secrecy of the jury room also a disadvantage?
Jurors don’t have to explain their verdicts, which can lead to issues like misconduct, as inR v Young(2005).
How might bias affect the jury’s verdict?
Jurors may have prejudices that affect their decisions, as seen inSander v UK(2000), where racial bias influenced the jury.
How can media influence affect jurors?
Media coverage can shape jurors’ opinions, as inR v West, where public attention likely impacted the jury’s verdict.
What are ‘perverse verdicts’ in the context of juries?
Juries may ignore evidence or the law and deliver verdicts based on personal fairness, seen in cases likeR v Owen.
What is the concern with ‘amateur justice’ in the jury system?
Jurors are not legal experts and may make decisions based on emotion or bias, which can lead to mistakes in judgment.
How does social media pose a risk to the jury system?
Jurors using social media to discuss or research the case can jeopardise the trial, as seen inR v Fraill, where a juror’s online contact led to a case collapsing.
