Legal System: advantages and Disadvantages of juries

Question 1

advantages

Answer 1

Public confidence
Jury equity
Open system of justice
Secrecy of jury room

Question 2

Disadvantages

Answer 2

Perverse decisions
Jury tampering
Bias / media coverage
Lack of understanding
Secrecy of jury room

Question 3

Lord Judge quote adv of juries

Answer 3

’ safeguard against oppression and dictatorship)

Question 4

Pointing’s case (1984)

Answer 4

• A jury acquitted the civil servant, who had leaked information despite signing Official Secrets Act
• Judge said D had no legal defence.
• Juries can decide based on fairness over legal rules.
• Their verdicts cannot be challenged

Question 5

Bushell’s case (1670)

Answer 5

• Jury acquitted Quaker activists despite fines and imprisonment.
• They were released after appeal.
• Juries decide on facts, and judges cannot challenge that decision

Question 6

Kronlid (1996)

Answer 6

A group of peace campaigners admitted causing damage to a hawk jet fighter but pleaded not guilty on basis that they were saving innocent lives. The jury acquitted them

Question 7

KS v R (2010)

Answer 7

Jury interference occurred due to shared break areas with the public.
The approach was opportunistic, not deliberate.
Highlights the potential risk of jury tampering.

Question 8

Sander 2000

Answer 8

• A juror reported concerns about racist remarks and jokes from other jurors via note to judge .
• The EctHR ruled the judge should have discharged the jury.
• This posed an obvious risk of racial bias and violated the right to a fair trial (Article 6).

Question 9

Mirza 2004

Answer 9

A juror complained about racial bias influencing the jury’s decision.
The secrecy of jury deliberations prevents the court from inquiring into decisions.
This highlights the tension between jury independence and addressing potential bias.

Question 10

Perverse decisions

Answer 10

can be a protest against the law jurors feel unjust - may not appear justified i.e kronlid (1996)

Question 11

Jury tampering

Answer 11

bribery/threats i.e KS V R (2010)

Question 12

Media coverage bias

Answer 12

Media coverage may influence jurors i.e Taylor and Taylor (1993)

Question 13

Lack of understanding

Answer 13

Lack of understanding - especially for fraud trails (most juries removed) = complex +time - consuming -> no min. education or legal qual

Question 14

Jury bias

Answer 14

-Radical views/bias as there is no right to a multi-racial jury
Media i.e sander 2000

Question 15

Secrecy of jury room - dis

Answer 15

Secrecy of the jury room means that there is no way of knowing how they came to the decision + possibility of questionable outcomes which cannot be appealed(i.e Mirza (2004)

Question 16

Public confidence

Answer 16

• Public Confidence - fundamentals of a democratic society i.e lord judge quote

Question 17

Jury equity

Answer 17

• Jury equity- decide on fairness and not the word of law i.e pointing’s case

Question 18

Open system of justice

Answer 18

• Open system of justice-> Lawyers explain things clearly so that the general public & defendant can understand and follow the proceeding - accessible, empowering, ordinary take part

Question 19

Secrecy of jury room

Answer 19

• Secrecy of the jury room - not influenced by outside pressure i.e Bushell’s case 1670