Pros And Cons Of Jury System Flashcards
System of trial by peers
The members of the jury are picked randomly from the public and are a cross-section of the community. A person being tried can therefore feel confident that they are being tried by ordinary men and women like themselves, not a person in authority.
Opportunity for general community to get involved
The jury system allows ordinary people to be involved in the legal system by being part of a jury and seeing for themselves how the legal system works. This helps the general community to respect the legal system.
Reflects community values
The people on the jury bring community values into the decision-making process. A jury does not need to give a reason for its decision, therefore it can make a decision based on the jury members’ values.
Spreads responsibility of decision over more shoulders
The use of a jury allows the responsibility of the decision to be spread over more shoulders, rather than being placed solely on those of a judge.
Not a true cross section of the community
Trial by peers is the essential element of the jury system, but juries are not always a true cross-section of the community because some people are unable to serve on a jury, such as members of the legal profession or people who have committed a crime. There are also some people who can choose not to be on juries, such as people who care for dependants or who would have to travel long distances to court. The system of challenges also means that some types of people may not be represented on a jury.
Difficult for jurors to understand complex evidence
The general public are put into a position where they have to listen to complicated evidence and make a decision of great importance to the parties involved.
Jurors may be influenced by the arguments of clever barristers
Every barrister will try to influence the jury to find in favour of their client. Barristers play on the emotions of the jury and will often make powerful closing speeches which can cause jurors to put aside logical arguments. The more experienced barristers will have greater success in influencing a jury.
Jurors may be influenced by the media
Some of the better known and media-worthy cases will be known to the jurors before they attend court. They could therefore have formed opinions about the case before they hear the evidence.
Jurors may have personal biases
Jurors have to be able to put aside all personal biases to be able to make a decision that is fair.
Jurors may not follow the law
Because jurors do not have to give a reason for their decision, they may decide to ignore the law and make their decision for another reason. Also, the accused does not know why a decision has been made.
