Disadvantages and advantages of jury
- -8 votes
Identify the disadvantage and advantage of jury system
- 1 vote
Jury equity - Kronlids case: 3 women broke into an aeroplane factory and destroyed planes being made for the indonesian government, causeing millions of pounds worth of damage. The jury found the women not guilty as they agreed with the act being wrong - a fair judgement.
Open system of justice - Lord Devlin said: 'A jury is the lamp over society to show freedom lives'
Balance against state interferance - Harder for individuals of the government to bribe a whole jury rather than just one judge, making the overall process fairer.
Secrecy - Jury do not need to give a reason for thier judgement.
Impartiality - Views and opinions are weighed up equally, as a jury is not case-hardened.
Privacy - decision is made in a private room to no pressure on the jury from members of the court e.g the defendant or the judge pushing for time.
Training - no training is given to the jury so may not be able to deal with certain cases or situations.
Legal advisor - too much pressure put on the legal advisor. The jury may not be making the decision themselves making the process unfair to the defendant.
Media - Every person charged with a criminal offence has the right to a fair trial - Human rights act 1998. If the jury are likely to be swayed by excessive media coverage, it affects the defendants right to a fair trial, then the trial becomes illegal and the court must do something to prevent the defendant from being unfairly tried.
- 0 votes
Just a few...
Giving lay people a chance to understand the law.
Lay people don't know the tricks and turns, so they are likely to make a fair decision.
It's not clear that lay people understand the case, so their decison may be based on bias. But, as they dont have to justify their answer, it can ruin someone's life.
The Judge's role is getting limited!