Jury - Advantages and Disadvantages
- Created by: LIZMC08
- Created on: 04-10-20 15:03
View mindmap
- Advantages
- Disadvantages
- Media Influence
- High profile cases may influence the jurors decision
- R v West (1996)
- West was accused of murdering 10 girls and women, including her own daughter
- Media coverage was intense. Some newspapers paid to have interviews with the press.
- West tried to appeal but the court of Appeal rejected it, but they told the jury to only listen to the evidence presented in court.
- Racial Bias
- Prejudices can affect the decisions of the jury
- Some jurors can be biased against the police, so they purposefully give a non- guilty verdict despite if the defendant was guilty or not.
- Sander v United Kingdom (2000)
- Jurors were making racist remarks and jokes
- The judge, being aware, kept the sam ejurors. Then the Eropean Court of Human Rigjts ruled the trial to be an unfair trial. The judge should've discharged he jurors on the risk of racial bias.
- Jurors were making racist remarks and jokes
- Secrecy
- There is no way of knowing if the jury understood rhe case and that they came to the decision of the case for the right decisions.
- R v Young (1991(
- The defendant was charged with the murder of 2 people. The jurors had to stay overnight at a hotel, where they used an Ouija board to contact the victims to find out whether he was their murderer.
- They came to a guilty verdict. When it had been known that they used an Ouija board to influence their decision, the defendant appealed and the Court of Appeal quashed the verdict and got a retrial of the case.
- The defendant was charged with the murder of 2 people. The jurors had to stay overnight at a hotel, where they used an Ouija board to contact the victims to find out whether he was their murderer.
- Perverse Decisions
- In Section 10.6.2, Jurors can ignore an unjust law.
- R V Owen (1992)
- The defendants on had died in a car accident by a careless driver and was sent to 12 months in prison. Still full of rage, when he left prison he went to the drivers house and shot him.
- The jury, feeling and understanding his rage, acquitted him, juries can create perverse decisions, despite him being guilty.
- The defendants on had died in a car accident by a careless driver and was sent to 12 months in prison. Still full of rage, when he left prison he went to the drivers house and shot him.
- R V Owen (1992)
- In Section 10.6.2, Jurors can ignore an unjust law.
- Media Influence
- Impartiality
- No conflict of interest
- Random selection should result in a cross-section of society
- diferent prejudices and so should cancel out any bias'
- Sir Sewbag Shaw-"anonymous and amorphus"
- diferent prejudices and so should cancel out any bias'
- Random selection should result in a cross-section of society
- No conflict of interest
- Jury Equity
- Don't have to give reasons for their verdict.
- Poontings case(1984)
- Civil servant charged after leaking private documents about a sinking ship, Under the s2 of the Official Secrets Act 1911
- The jury came to a non-guilty verdict since they believed he acted in the publics interest.
- Civil servant charged after leaking private documents about a sinking ship, Under the s2 of the Official Secrets Act 1911
- Poontings case(1984)
- Don't have to give reasons for their verdict.
- Open System of Justice
- Jury are members of the public - Justice.
- Jury deliberate in private and no one cam inquire wht happened in the room.
- Jury doesnt have to give a reason for their verdict.
- Secrecy
- Jury are free from pressure in their discussion
- Protected from outside influences
- Public Confidence
- Fundamentals of a democratic society
- The people have confidence in the impartiality or fairness of a jury trial.
- Lord Devlin, Juries are the "lamp tat shows that freedom lives."
- Disadvantages
Comments
No comments have yet been made