Unit 3 AOS 2 Civil law - 3.2.6 Role of the Jury Flashcards
5 Roles of the jury
- Independant and unbiased
- Remeber all evidence presented
- Understand directions and summing up from the judge
- Determine liability
- Determine damages (except in defemation)
Similarities between civil and criminal juries (3)
- Remain impartial
- Listent to and remember evidence
- Comply with obligations
Differences between civil and criminal juries (2)
- Criminal jury determines guilt whereas civil determines liability
- Criminal jury never determines sanctions, whereas a civil jury may determine damages
Strength of civil jury: Impartialtiy
Jurors are randomly selected from the electoral role - no dominating bias
Includes the general public, enhances public understanding
Diverse juries reflect a range of societal values
Upholds fairness
Weakness of civil jury: Bias
Unconscious bias due to a lack of diversity/unavailability
Difficulty understanding legal principles means they may hold prejudice against a party
Limits fairness and access
Strength of civil jury: Collective decision making
Deliberations can mitigate individual biases
Focus on the facts of the case
Reduces influence of bias, upholding fairness
Weakness of Juries: Lack of Legal knowledge
Jurors may not always understand legal directions
Do not always possess extensive knowledge of the legal system
Need more time to reach a decision
Increases delays, reducing access and equality