disadvantages

Cards (8)

  • What are the disadvantages of using juries in trials?
    • Perverse decisions
    • Secrecy
    • Bias
    • Media influence
    • Jury tampering
    • High acquittal rates
  • Why are perverse decisions a disadvantage of using juries in trials?
    According to jury equity, the jury can ignore an unjust law. In some circumstances this type of decision can be seen as perverse decision and one which was not justified.
  • Why is secrecy a disadvantage of using juries in trials?
    As no reasons have to be given for the verdict, there is no way of knowing if the jury understood the case and came to the decision for the right reasons. In R v Mirza the House of Lords ruled that it couldn't inquire into discussions in a jury room.
  • Why is bias a disadvantage of using juries in trials?
    Jurors may have prejudices that affect the verdict. Some jurors may be biased against the police (which is why those with certain criminal convictions are disqualified). In particular, there is a concern about racial bias and this problem was raised in Sander v UK
  • Why is media influence a disadvantage of using juries in trials?
    Media coverage may influence jurors. This is especially true in high-profile cases were there has been a lot of publicity about police investigations into a case. This is true of R v Taylor and Taylor.
  • Why is jury tampering a disadvantage of using juries in trials?
    In some cases, friends of the defendant try to interfere with the jury through bribing or threatening jurors to bring in a guilty or not guilty verdict.
  • What efforts have been made to reduce jury tampering?
    s 44 of the Criminal Justice Act 2003 provides that where there has already been an effort to tamper with the jury, the prosecution can apply for the trial to be heard by a judge alone.
  • Why are high acquittal rates a disadvantage of using juries in trials?
    Juries are criticised on the grounds that they acquit too many defendants. Around 60% of those who plead not guilty in the Crown Court are acquitted.