Legal System: Juries

Question 1

Ponting

jury independence

Answer 1

a civil servant leaked information to an MP, the jury did not convict him even though the judge ruled he had no defence

the jury is independent and decided cases on the basis of fairness, its decision cannot be challenged — can be an advantage or disadvantage

Question 2

Mirza

secrecy of jury room

Answer 2

one juror complained that the other jury members had shown racial bias in coming to their decision

however, discussions in the jury room are private and secret so the court will usually not inquire into them. in this case, racial bias could go unnoticed due to secrecy of jury room

Question 3

Twomey

jury tampering

Answer 3

there was a serious attempt to interfere with the jury and three previous trials had collapsed

s44 CJA 2003 applied and a retrial was ordered by the judge

Question 4

Sander

racial bias

Answer 4

a juror had written a note to the judge raising concerns that other jurors had been making openly racist remarks and jokes

the ECHR said that the judge should’ve discharged the jury as there was an obvious risk of racial bias and a breach in the right to a fair trial under article 6 of the HRA 1998

demonstrates that placing justice in the hands of a jury can be dangerous, there is the chance for racial bias