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