juries Flashcards
(10 cards)
Public Participation and Democratic Involvement
Juries allow ordinary members of the public to take part in the legal process, ensuring that justice is not only delivered by legal professionals but also reflects community values. This enhances the legitimacy of the justice system and reinforces the principle of trial by one’s peers, which is a cornerstone of a democratic society.
Impartiality and Independence
Juries are independent from the government and judiciary, helping to prevent state interference or bias in the outcome of criminal trials. They are not subject to institutional pressures, which supports the idea of a fair trial and provides a safeguard against arbitrary or oppressive use of state power.
Collective Decision-Making
Because juries deliberate as a group of 12 individuals, the process encourages discussion, a variety of perspectives, and a check against personal bias. The idea is that group decision-making is less likely to be flawed than individual decision-making, leading to more balanced verdicts.
Protection Against Unjust Laws or Prosecution (Jury Equity) and case
Juries can deliver verdicts based on fairness rather than strict application of the law. This is known as “jury equity” — for example, in cases like R v Ponting, where a jury acquitted a civil servant who technically broke the law but did so in the public interest. This means juries can act as a moral conscience of society.
Transparency and Open Justice
The use of juries ensures that the justice system is more transparent. Because juries are made up of laypeople, trials have to be presented clearly and simply, which promotes accountability and helps to build public confidence in the legal process.
Lack of Legal Knowledge
Jurors are laypeople and may struggle to understand complex legal issues, especially in fraud or financial crime cases. This raises concerns about whether verdicts are truly based on proper understanding of the law and evidence, which can compromise the quality of justice.
Risk of Bias or Prejudice
Despite instructions to remain impartial, jurors can bring personal prejudices or be influenced by media coverage, especially in high-profile cases. This can lead to unfair outcomes and undermines the assumption that a jury is always neutral and objective.
Unpredictability and Inconsistency
Jury verdicts are not required to be explained, which means they can be unpredictable and inconsistent. Two juries could come to different conclusions on similar evidence, and because their reasoning isn’t made public, it’s difficult to challenge or appeal the decision.
Potential for Misuse (Perverse Verdicts)
While jury equity is a strength, it can also be a weakness. Juries might ignore the law and evidence to reach a “perverse verdict” — an outcome that goes against what the law would reasonably require. This can result in guilty people being acquitted or innocent people being convicted, depending on the circumstances.
Cost and Delay
Jury trials are more expensive and time-consuming than magistrates’ court hearings. They require more court time, security, and preparation, which places a burden on the justice system. Additionally, selecting and instructing juries can delay the trial process.
