Juries - NEG Flashcards
What are the four negatives?
Perverse Verdicts
Outside Influences
Jury Secrecy
Lack of Understanding
Perverse verdicts
This is same as jury equity where they can say not guilty even though they know the D is
This goes against legal principles and it was seen in the case of Kronlid where the Defendant admitted to damaging war planes but was seen not guilty as morally accepted by jury
However, if a jury who is supposed to represent society’s views finds the Defendant’s actions justified, then it can be argued that it would be wrong to sentence them anyways.
Outside influences
There are a number of outside influences that can sway the jury subconsciously
Can be things such as media or the internet that sensationalise and twist the case, as seen in Taylor where there was so much media coverage that it was overturned on appeal
In addition, the jury may be nobbled (bribed or threatened) to change the outcome of a case. Under s.44 Criminal Justice Act, a case can go on without a jury if this has a serious chance of happening
Jury secrecy
All jury decisions must take place in private and this allows for underhanded methods to take place without reasoning needing to be given
Was seen in the case of Mirza where one of the jurors later came out and stated that there was racial bias in the case that altered the outcome, showing how jury secrecy can be a negative
However, the secrecy is seen as a fundamental part of the process and the HoL/HoC have refused to overturn over speculation of bias in the jury room before
Lack of Understanding
Often cases can be complicated and this means that the jury cannot make an accurate decision
Cases like fraud cases are very complicated and without a legal understanding they may not be able to make a reasoned decision. A study by Cheryl Thomas shown that out of 800 people over 2/3 of jurors did not understand the case.
In addition, the cases can drag on and this allows for more crucial facts to be missed by the jury, which goes against the idea of a fair trial
