jury eval Flashcards
public confidence
the right to be tried against one peers is a bastion of liberty against the state
one of the fundamentals of british society
promotes confidence in the legal system as it is impartial and fair enhancing transparency
what does lord devlin say about public confidence
the lamp that shows freedom lives
jury equity
jury has the ability to judge by conscience
they are not both d by precedent or even acts of parliament and do not need to give reasons for their decision
make decisions on the principle of fairness and according to their conscience
Jury equity is a
safety valve where genuine justice can be seen
pointing
jury equity
official secrets act 1911
was breached but jury reached a non guilty verdict
shows jurors are fairer and have more compassion as they are not case hardened like judges
r v owen
jury equity
a reckless driver killed owens son, he attempted to murder him but the jury found him not guilty
jury equity negative
the jury can ignore an unjust law leads to a perverse decision which is not justified
jury equity
why do jurors often make the wrong decision
evidence is ignored and the wrong legal decision is made
are jurors too emotional
juroru equity home office
the home office said acquittals are twice as likely in a jury trial
secrecy
cannot communicate with anyone other than the judge
making them disclose what they say would make them accountable
secrecy positives
gives them freedom of discussion
protects them from outside harassment or jury nibbling
can bring unpopular opinions
more willing to serve
secrecy neg
if it was open would educate the public
cost and time
time consuming
distress to jury
distressing evidence
rosemary west -jurors offered counciling
public participation
allows the ordinary citizen to take part in the administration of justice
verdicts reflect society
lord devlin on public participation
little parliament
democratic