Advatages And Disagvanatges Of Juries Flashcards
(8 cards)
A1 - jury equity
Juries do not have to give reason for their verdicts decide according to fairness (Bushell’s case 1670)
- in Blythe a man was acquitted having supplied cannabis to his ill wife jury acquitted even though he was legally at fault.
A2 - public confidence in criminal justice system
Trial by jury supports ‘trial by peers’ (manga carta 1215). Jury helps make the legal system more transparent because the law has to be explained to the jury D is able to understand what he is being accused of. Justice is done as miners of the public have an active role in the legal system.
- lord devlin - juries are the ‘lamp that shows that freedom lives’
A3 - secrecy of the jury room
Anything said in the jury room cannot be disclosed
Criminal offence under the contempt of court act 1981. Juries are free from pressure.
A4 - impartiality of the jury
Not connected to anyone in the case. Random selection should result in cross selection of society leading to impartial jurors is different biases cancel each other out.
Challenges can be made
‘to the array’ - juror chosen in biased or unrepresentative way
‘For cause’ - juror related to the decedent or witness
Juror can be asked to ‘stand by’
D1- perverse decisions can be reached by juries
Juries have refused to convict in clear cut cases.
-In Owen a man was acquitted after killing his son - he was legally at fault
-In 2022 the ‘colston four’ were found not guilty of criminal damage after pulling down statue of slave trader Edward colston - they committed the crime NG due to heightened awareness on BLM
- Blythe, man acquitted having supplied cannabis to ill wife
Guilty people not facing justice
D2 - ordinary citizens may be easily influenced
Media can influence the jury, especially i high profile cases.
- Taylor v Taylor D’s sisters allowed to appeal conviction of murder due to misleading photos published in a newspaper which may have influenced the jury.
The internet can influence the jury, they may research the case can result in costly retrial and some
Ending up in prison
- Theodora Dallas researched defendants past on internet and shared with other jurors.
- in Fraill, woman contacted the decedent on Facebook during a case
- Beard google research was shared with others in the jury.
Jury nobbling, jurors threatened or bribed by the defendants friends or family eg; criminal gang cases. Protecting jurors from nobbling costs taxpayer millions each year.
D3 - secrecy
Jury des not give reason for their verdict, which makes it hard for D to find grounds to appeal. No way of knowing is a decision has been reached fairly or how it was reached. Jury duty compulsory can be inconvenience to some, may result in rushed decision.
D4 - may be bias
Jurors may have prejudices which may affect the verdict eg; racist, sexist or homophobic views.
- in Sander, juror wrote a note to the judge complaining that jurors had been making openly racist jokes and remarks.
May be bias against the police, not guilty verdict more likely. Juries often criticised for having high acquittal rates. Dominant personalities can unfairly influence other members of the jury.
