Juries eval Flashcards
4 advantages
Public confidence
Jury equity
Secrecy
Impartial
Cause of public confidence
- D is judged by ordinary people rather than legal experts
- Jury represents society and democracy
Example of public confidence
Survey by Law Society - 80% would trust jury more than a judge
Consequence for public confidence
Shows support and agreement with justice system and that it works
Cause of jury equity
Fair - decide verdict according to what they think it morally right (don’t have to follow law if unfair)
Example of jury equity
R v Owen - jury felt D been punished enough so found him not guilty despite evidence
consequence of jury equity
fair/just decisions based on conscience whereas a judge would have to follow law
cause of secrecy (advantage)
contempt of court act 81 makes it crime to share discussions from jury room and don’t have to give reasons for decision
example of secrecy (advantage)
research shows jurors do appear to discuss evidence in detail and take standard of proof seriously
(higher acquittal rates in CC than Mags)
consequence of secrecy (advantage)
if public, jurors may not be open and honest and feel pressured to a decision
also less will want to be jurors
cause of impartiality
jury members cannot know anyone in a case
example of impartiality
R v Wilson and Sprason - wife of prison officer overseeing D wasn’t allowed to sit on jury for fear of bias
consequence of impartiality
should ensure decision is based purely on evidence and justice achieved
cause of perverse decisions
could be ignoring law and basing decision on conscience or lack of understanding
example of perverse decisions
R v Owen - D was definitely guilty but was allowed free because jury felt bad
consequence of perverse decisions
defeats point of law if jury can ignore and denies D fair trial
4 disadvantages of juries
perverse decisions
influence of modern tech
secrecy
risk of bias
cause of influence of tech
info about cases and D is widely available on internet and may be discussed on social networks
example of influence of tech
in 2010, 12% of jurors in high profile cases admitted to using internet
AG v Dallas was an issue and leg to Criminal courts and Justice Act 2015
consequence of influence of modern tech
hard to stop jury using internet at home and not all info online is reliable - may be prejudice
cause of secrecy (disadvantage)
Contempt of court act makes it an offence to share discussions in jury room and don’t need to give reasons
example of secrecy (disadvantage)
R v Young - jury used Ouija board to ask V who killer was and found D guilty based on this
consequence of secrecy (disadvantage)
can’t tell if jury are actually using evidence or random info
cause of risk of bias
some people find certain jobs more or less honest or have prejudice against certain people
example of risk of bias
Sander v UK - was shown that members of jury were making openly racist remarks about D which went against right to fair trial
consequence of risk of bias
justice wasn’t achieved and hard to know if people have biases
