Juries (A03) Flashcards
💚ADVANTAGES OF JURIES
💚public confidence 💚secrecy of jury room 💚jury equity 💚open system of justice 💚impartiality
💚public confidence
Being tried by ones peers = fundamental to democratic system
Lord declined said juries are the lamp that shows freedom lives
💚jury equity
Not legal experts so don’t have to follow past decisions made
Freedom in making just decisions eg PONTINGS 1984: civil servant was being tried under SECRETS ACT 1911 but was let off by jury as was for good reason.
💚open system of justice
Legal system is more open as members of public can get involved (certain and ascertainable)
Fair and transparent decisions are made as court proceedings are explained to jury by lawyer
💚secrecy of jury room
Free from pressure + outside influence so can make just decisions
Many people would be less willing if public but protected by CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 which makes it an offence to threaten or intimidate jury
💚impartiality
Randomly selected cross section of society, can’t be connected to anyone on trial so no bias
Not case hardened like mag or judges so less likely to favor prosecution
❤️DISADVANTAGES OF JURY
❤️jury equity resulting in perverse decisions ❤️high aqquital rates ❤️trials are hard to understand ❤️jury bias ❤️secrecy ❤️Unpopular
❤️Judy equity = perverse decisions
Don’t have to give reason and can ignore evidence. Been doubts about 5% of cases
Eg in R V KRONALID evidence was very clear but jury aqquited
❤️high acquittal rates
60% found not guilty, arguable that 12 is too many for productive discussion.
However 60% includes judges direct aqquital which brings number down to around 35%
❤️trials are hard to understand
2010 study found only 31% of jurors understood directions from judge- only rose to 41% when given written instruction
Unfair that a defendants future rests on ppl who don’t understand. May make trial longer which costs eg R V RAYMENT cost 60m over 2 years but was acquitted.
❤️jury bias
Even tho 12 of them. Prejudice can affect and media may influence esp in high profile cases even if told not to research case.
Eg in the case of Ian Huntley
❤️secrecy
Secrecy of jury room means no reason must be given for verdict. No way of knowing if understood or good reason.
Difficult to appeal as House of Lords rules that can’t inquire into discussion unless
•jury has used other method to make decisions
•external material has been brought into the jury room eg. Internet searches or media articles
❤️unpopular
Nobody can be arsed so may rush verdict in order to get out quicker = leading to an unfair verdict
Can be sensitive topics eg in cases of violence, sexual offenders and children.
Eg in rosemary west case jurors needed counselling. Poses question if it’s unfair to make jurors suffer for something they gain nothing from
