Juries: Disadvantages Flashcards
What are the disadvantages of juries?
Perverse decisions, secrecy, exceptions, the internet, racial bias, media influence, lack of understanding, fraud trials, jury tampering and high acquittal rates.
What is a perverse decision?
- A decision which ignores the evidence and gives a wrong decision.
How is secrecy a disadvantage?
- There is no way to know if the jury understood the case and came to their decision for the right reason.
What are the two exceptions?
- A complete repudiation of the oath taken by the jurors to try the case according to the evidence.
- Extraneous material has been introduced into the jury room.
How is the internet a disadvantage?
- Judges direct jurors not to turn to the internet for information, however this is becoming more common.
- A 2010 report found that 12% of jurors used the information.
- This information may be prejudicial.
What act makes it a criminal offence to use the internet for information regarding a case?
Section 71 of The Criminal Justice and Courts Act.
What act makes it a criminal offence to disclose information found on the internet regarding a case?
Section 72 of The Criminal Justice and Courts Act.
How is racial bias a disadvantage?
- Jurors prejudices can affect the verdict.
How were juror’s understanding tested?
- A series of stimulated trials.
- There were 797 jurors in three different areas.
- They saw the same stimulated trial and heard the same judicial directions on the law.
- 2/3 thought they had understood the judge’s directions.
- However, only 31% actually did.
- This increased to 48% when jurors were presented with written instructions.
How are fraud trials a disadvantage?
- Complex accounts are given in evidence which may lead to jurors having difficulty understanding the case.
- They are often long cases and thus create strain on the jury.
- Can become expensive for both the prosecution and defence.
How is jury tampering a disadvantage?
- Friends of the defendant may interfere with the jury by bribing or threatening the members.
- Police can be used but it’s costly, may not always be effective and removes them from their other work.
What act allows the prosecution to apply for the trial to be heard solely by the judge?
Section 44 of The Criminal Justice Act 2003.
How are high acquittal rates a disadvantage?
- 60% of defendants who plead not guilty are acquitted.
- However, this includes cases in which the judge has directed an acquittal.
- 1/3 of acquittals are directed by judges.
- Juries only acquit in about 35% of cases.
