The advantages and disadvantages of using juries in criminal cases.1️⃣2️⃣ Flashcards
(8 cards)
(Advantages of using juries in Criminal cases)
P-Juries increase public confidence in the legal system.
(Dev/I/E):
Development:
Lord Devlin called juries “the lamp that shows that freedom lives.” Bushell’s Case showed that jurors’ decisions must be respected. The Home Office 2004 found that jurors could distance themselves from media influence and valued their role.
Impact:
This means the public sees justice being done and feels confident that the system is fair and open.
Example:
A jury fairly trying a high-profile case despite media pressure.
(Advantages of using juries in Criminal cases)
P-The secrecy of the jury room is an advantage.
(Dev/I/E):
Development:
The Criminal Justice and Courts Act 2015 stops discussions of deliberations outside court. Juries are free from pressure and decide only based on court evidence, supported by cases like Gregory v UK and Sander v UK (ECHR).
Impact:
This allows jurors to have open, honest discussions and reach a true verdict rather than the one others expect.
Example:
A jury ignoring media opinion and focusing only on the facts of the case in their decision.
(Disadvantages of using juries in Criminal cases)
P-The secrecy of the jury room is a disadvantage.
(Dev/I/E):
Development:
The Criminal Justice and Courts Act 2015 makes it a criminal offence to reveal jury discussions. Because of this, it’s impossible to check how a decision was reached. In Connor & Rollock, jurors convicted one defendant just to “teach him a lesson,” but secrecy still protected the verdict.
Impact:
This is a disadvantage because it can lead to unfair trials without a way to challenge or appeal easily.
Example:
Connor & Rollock case where jury misconduct was hidden by secrecy rules.
(Disadvantages of using juries in Criminal cases)
P-Juries can be influenced by outside factors.
(Dev/I/E):
Development:
Jury nobbling and media influence can affect decisions. To tackle nobbling, reforms like majority verdicts (Criminal Justice Act 1967) and judge-only trials (CJA 2003, s44 & s45) were introduced. In R v Twomey, a judge-only trial was ordered. In R v Karakaya, a newspaper article wrongly influenced jurors.
Impact:
This is a disadvantage because outside influence threatens fair trials, and retrials are expensive and time-consuming.
Example:
R v Karakaya — jurors improperly influenced by media.
(the advantages and disadvantages of jury secrecy)
P-Jury secrecy is an advantage because it keeps jurors free from outside influences.
(Dev/I/E):
Development:
The Criminal Justice and Courts Act 2015 makes it a crime to share or ask about jury discussions. This protects jurors from pressures like nobbling.
Impact:
This is an advantage because jurors can focus only on the evidence and make honest decisions.
Example:
Protected by the Criminal Justice and Courts Act 2015.
(the advantages and disadvantages of jury secrecy)
P-Jury secrecy is a disadvantage because it hides whether the jury made the right decision.
(Dev/I/E):
Development:
In Connor & Rollock, jurors convicted a defendant just to “teach him a lesson” and avoid a longer trial, but secrecy stopped this from being properly challenged.
Impact:
This is a disadvantage because unfair trials may happen without being noticed, and appeals are difficult without knowing the jury’s reasons.
Example:
Connor & Rollock case.
(the advantages and disadvantages of jury secrecy)
P-Jury secrecy is an advantage because it allows for jury equity.
(Dev/I/E):
Development:
Jury equity is when jurors ignore the law if they believe it is unfair. In R v Ponting, the jury acquitted a defendant who leaked government secrets, and the law was later changed.
Impact:
This is an advantage because secrecy lets jurors act on conscience without fear of punishment.
Example:
R v Ponting case.
(the advantages and disadvantages of jury secrecy)
P-Jury secrecy is a disadvantage because jurors may misunderstand their role.
(Dev/I/E):
Development:
Research by Cheryl Thomas found less than half of jurors fully understood the judge’s written directions.
Impact:
This is a disadvantage because defendants may get unfair verdicts due to jurors not properly understanding the law.
Example:
Cheryl Thomas research on jury understanding.