Juries A03 Flashcards
(15 cards)
What are the advantages of juries?
- Public confidence in the system.
- Jury equity.
- Open system of justice.
- Secrecy of the jury room.
- Impartiality.
How is jury equity an advantage of juries?
Jurors are not legal experts, don’t have to follow decisions in previous cases or Acts of Parliament = freedom in decision making, often decide cases on fairness ideas.
How is an open system an advantage for juries?
Public involvement in the case ensures justice is done. Random jury selection = cross section of society. Jurors’ aren’t case hardened (only sit for 2 weeks). Makes trials fair and transparent.
How is the secrecy of the jury room an advantage?
Protected from outside influence, no pressure on them, can make decisions that the public may not like.
Which act provides protection for jurors?
Criminal Justice & Public Order Act 1994.
How is impartiality an advantage for juries?
Random selection = cross section of society = prejudices cancelled out by each other. Also can’t be connected to anyone on the case. Not case hardened so less likely to favour the prosecution.
Why is there public confidence in juries?
Legally unqualified members of society as jurors ensures democracy. Old, successful (mostly) = people are able to trust them more.
What are the disadvantages of juries?
- Lack qualifications.
- Perverse decisions.
- Jury bias.
- Secrecy.
- Unpopular.
Why is a lack of qualifications a disadvantage?
No minimal education standards required = in criminal cases, it’s very rare for a legally qualified person to come to the decision. Jury decide facts only, not sentence.
What are perverse decisions and how are they a disadvantage?
Decision contrary to evidence and judge’s instructions. Jury can ignore laws they feel are unjust.
How is jury bias a disadvantage?
Prejudice can still affect the overall decision (Sanders v UK). Media coverage can influence jurors (e.g. Moors murderers). Large jury can slow down discussions or there could be a dominant juror (could influence others).
How is secrecy a disadvantage for juries?
No reasons given = unclear if the jury actually understood the case and made the right decision for the right reasons = difficult to appeal.
What did the House of Lords rule in R v Mirza and R v Connor and Rollock regarding jury discussions?
Can’t inquire into decisions in the jury room. 2 exceptions: where the jury used another method to make their decision or where external material was used.
Why is the compulsory nature of juries seen as a disadvantage?
Some jurors may be against the system or rush their verdict to leave quickly, potentially leading to unjust decisions.
How can jury service be a strain on jurors?
Cases involving violence, sexual offences and children can be emotionally taxing. E.g. jurors in the Rosemary West case needed counselling afterwards.
