Juries eval Flashcards

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1
Q

4 advantages

A

Public confidence
Jury equity
Secrecy
Impartial

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2
Q

Cause of public confidence

A
  • D is judged by ordinary people rather than legal experts
  • Jury represents society and democracy
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3
Q

Example of public confidence

A

Survey by Law Society - 80% would trust jury more than a judge

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4
Q

Consequence for public confidence

A

Shows support and agreement with justice system and that it works

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5
Q

Cause of jury equity

A

Fair - decide verdict according to what they think it morally right (don’t have to follow law if unfair)

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6
Q

Example of jury equity

A

R v Owen - jury felt D been punished enough so found him not guilty despite evidence

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7
Q

consequence of jury equity

A

fair/just decisions based on conscience whereas a judge would have to follow law

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8
Q

cause of secrecy (advantage)

A

contempt of court act 81 makes it crime to share discussions from jury room and don’t have to give reasons for decision

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9
Q

example of secrecy (advantage)

A

research shows jurors do appear to discuss evidence in detail and take standard of proof seriously
(higher acquittal rates in CC than Mags)

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10
Q

consequence of secrecy (advantage)

A

if public, jurors may not be open and honest and feel pressured to a decision
also less will want to be jurors

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11
Q

cause of impartiality

A

jury members cannot know anyone in a case

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12
Q

example of impartiality

A

R v Wilson and Sprason - wife of prison officer overseeing D wasn’t allowed to sit on jury for fear of bias

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13
Q

consequence of impartiality

A

should ensure decision is based purely on evidence and justice achieved

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14
Q

cause of perverse decisions

A

could be ignoring law and basing decision on conscience or lack of understanding

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15
Q

example of perverse decisions

A

R v Owen - D was definitely guilty but was allowed free because jury felt bad

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16
Q

consequence of perverse decisions

A

defeats point of law if jury can ignore and denies D fair trial

17
Q

4 disadvantages of juries

A

perverse decisions
influence of modern tech
secrecy
risk of bias

18
Q

cause of influence of tech

A

info about cases and D is widely available on internet and may be discussed on social networks

19
Q

example of influence of tech

A

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

20
Q

consequence of influence of modern tech

A

hard to stop jury using internet at home and not all info online is reliable - may be prejudice

21
Q

cause of secrecy (disadvantage)

A

Contempt of court act makes it an offence to share discussions in jury room and don’t need to give reasons

22
Q

example of secrecy (disadvantage)

A

R v Young - jury used Ouija board to ask V who killer was and found D guilty based on this

23
Q

consequence of secrecy (disadvantage)

A

can’t tell if jury are actually using evidence or random info

24
Q

cause of risk of bias

A

some people find certain jobs more or less honest or have prejudice against certain people

25
Q

example of risk of bias

A

Sander v UK - was shown that members of jury were making openly racist remarks about D which went against right to fair trial

26
Q

consequence of risk of bias

A

justice wasn’t achieved and hard to know if people have biases