Jury advantages and distribution - ELS Flashcards
law (14 cards)
ADV - public confidence
fair as we have had jurys for years, people have confidence in the impartiality and fairness of the jury trial
ADV - new qualifications
almost everyone can serve on the jury
ADV - jury equity and fairness
juries are not bound by the law so they do not have to give reasons for their verdict so they can decide cases on their idea of fairness
ADV - open system of justice
there is justice as members of the public are involved in a key role and the process in public
ADV - involves members of the public
Therefore its impartial and they have no connections to the case
ADV - secrecy of the jury room
protects jurors from pressure and allows them to make unpopular decisions
ADV - impartiality
having 12 members should cancel out any bias, jury members are not case hardened
DISADV - high acquittal rates
undermine confidence and jurys acquit less than 40%
DISADV - unpopularity
jury service is unpopular
DISADV - perverse verdicts
jury can ignore un-just law and this can be seen as being perverse.
DISADV - media influence
media can influence jury especially in high profile cases
DISADV - lack understanding/fraud trial
not everyone understands evidence and fraud cases are particularly hard to understand
DISADV - biased
in some cases there has been racial bias
DISADV - friday afternoon syndrome
jury may not care or put any effort at that point