Magistrates and Juries Flashcards
Evaluation of Juries
Next flashcards will be on the evaluation of juries
Positives of Juries
Impartial
Secrecy of the Jury Room
Impartial - Evaluation - Why is it a positive - Point, Development, Extra
DEVELOPMENT - A final positive of using juries is that they are supposed to be impartial. Using juries to come to decisions of guilt or innocence are seen as fairer than using judges or magistrates as people are being judged by their ‘equals’ in society. The random selection and use of 12 jurors makes it more likely that prejudice will be cancelled out and eliminated when deciding the outcome, whereas judges are often criticized for their lack of diversity.
EXTRA - In addition, judges and magistrates tend to become ‘case hardened’ as they see criminal cases so often, and often side with the prosecution. This is much less likely to happen with a jury who will only be in court for a two week period
Secrecy in the Jury Room - Evaluation - Why is it an advantage - Point, Development, Extra
DEVELOPMENT - Another positive of juries is the secrecy of the jury room. Discussions between jury members when coming to their final verdict must be done in secret, with nobody else allowed in the jury room when this takes place. This helps to ensure the jurors are not put under any undue influence from outside pressures such as the media or fear if retaliations based on their decisions, and allows them to exercise jury equity if appropriate.
EXTRA - However, this can make the system open to misuse, such as in the case of R v Young where a jury used a Ouija board to contact the murder victim and ask who killed them.
Disadvantages of Juries
Perverse Verdicts
Outside Influences
Perverse Verdicts - Evaluation - Why is it a disadvantage - Point, Development, Extra
DEVELOPMENT - This is a disadvantage due to it not following the legal rules - it allows people who are guilty to get away with it, even if there is evidence, making us question the justice systems reliability. This was seen in R v Kronlid, as he damaged a plane that would have committed war crimes on innocent people in Indonesia.
EXTRA - However, it can be argued that if a jury of 12 members – who exist to represent society – do not feel that the defendants should be punished for what they have done, then it would be wrong to convict them of a crime anyway.
Outside Influences - Evaluation - Why is it a disadvantage - Point, Development, Extra
DEVELOPMENT - Another negative is the possibility of outside influences having an impact on outcomes. There are a number of outside factors which may influence the jury members decisions, even if it is only subconsciously. This might include the use of the internet or the comments of the media, as happened in R v Taylor, where the murder convictions of two sisters were overturned on appeal as the media coverage had been so sensationalized, it must have impacted the opinions of the jury.
EXTRA - In addition, there is a risk of jury tampering, where jurors may be bribed or threatened by third parties to influence the outcome of the case. Under s.44 Criminal Justice Act 2003, a trial can take place without a jury in exceptional circumstances if there is a risk of this happening.
