Evaluation

• what are the advantages of the jury?

  • public confidence
  • jury selection
  • Jury equity
  • Jury secrecy
• This means ever Why is public confidence an advantage of the jury service?

  This means everyone has the right to be tried by one's peers because the jury is regarded as one of the fundamental indicators of the democratic systems.

  • As the 12 jurors are random and have no connection to the case- making it impartial- and fair.
  • In addition, this promotes diversity in the j service so problems like the case of FRASER 1987 dont occur.
• Why is Jury selection an advantage of the Jury service?

  It gives the ordinary person the opportunity to take part in the administration of justice allowing an open system of justice.

  -Furthermore having the jury, serves society as they are all from different cultural and financial backgrounds.

  -Additionally, if the jury is replaced with judges and magistrates, t is argued that they will come to more harsh verdicts as they lack empathy and don't act based on morals.

  -Also could result in police biased verdicts.
• Why is Jury equity an advantage of the jury service?


  It is the refusal of juries to apply the law when they believe it would lead to an unfair verdict, where the verdict could not reasonably be expected by the evidence but based on what the jury deems as fair and morally right.

  -Furthermore they aren't bound by president or acts of parliament and can base their decisions on their own idea of fairness.

  -Therefore it allows the verdict to reflect the current views of the time in society and changes in attitude.
• Why is Jury secrecy an advantage of the jury service?

  Because of the Bushell case 1670, the jury can not be challenged.

  -Furthermore, this means that when the jury retire to discuss the case and reach a verdict they can do so in secrecy, therefore protecting them from outside pressures and free to bring unpopular opinions with the public .E.G. Colston Four

  -In addition, media can not blame the judge or criminal justice system, ensuring a fair process is followed and the rule of law is upheld, so there is no need for appeals which allows the prevention of retrial and saves money.
• What are the disadvantages of the jury service?

  Jury secrecy, Perverse verdict, Lack of understanding and media inflence.
• What is a disadvantage of jury service related to jury secrecy?

  Jury secrecy means juries don't have to give reasons for their verdicts.
• Why is the jury room considered private?

  It is private due to the independence of the jury.
• What happens if a juror complains about the jury's proceedings?

  The public finds out what happens only if the juror complains, leading to a retrial and potential criminal charges for the juror.
• What unconventional method was used in the case R v Young 1991?

  A juror used a ouija board to come to their verdicts.
• How does jury secrecy affect public confidence in the trial process?

  It questions the fairness of the trial process and affects public confidence.
• Why is perverse verdict a disadvantage of the jury?

  This is the opposite to jury equity, because it can be the refusal of juries to apply the law when the believe that to follow the law would lead to an unjust verdict.

  • Furthermore, they are not bound by the precedents or the acts of parliament and can instead base it on their own idea of fairness.
  • Therefore the problem is that it can create inconsistency in decisions and not uphold the rule of law.
  • For example, the Colston Four polonised society affecting public confidence.
• Why is lack of understanding a disadvantage of the jury?

  Because the jury don't understand the lawor the evidence involved i the case.

  • Moreover, like in the case of Vicky Pryce trial, whereafter 14 hours of the trail ten questions were sent to the judge for clarification and one was "can you define what reasonable doubt is?".
  • Therefore weakening public confidence as they see jury as unfair due to lack of knowledge.
• Why is media influence a disadvantage of the jury?

  This is where there is an external use of the media, particularly in high profile cases.

  • For example the R v West case, where the jury would be likely to have some knowledge of the case from the media causing an unfair trial.
  • Therefore impacting the case.