Evaluation

Cards (6)

  • P : An advantage of using juries is their impartiality
    E : This is because having 12 jurors will cancel out prejudices that any of them may have . Ministry of Justice 2007 found BME groups were not significantly underrepresented. Also as jurors only sit for 2 weeks they are not case hardened like judges and will look at each case with fresh eyes
    E : This is an advantage because D will recurve a fair trial as they are being judged by their own peers rather than a professional judge
  • P : An advantage is jurors give the public confidence in the criminal justice system
    E : Lord Delvin descrube jurors as the “lamp that shows that freedom lives” highlighting that the use of an impartial jury depicts fairness to the public particularly since Bushnells case , means that the jurors decision must be accepted and defendant is truly tried by his/her own peers.
    E : This is an advantage because justice is seen it be done by the public and it promotes an open system where citizens have an understanding of justice system.
  • P : Jury secrecy is a disadvantage because there is no way of knowing whether the jury came to the decision for the right reason
    E : Connor&Rollock jury decided to convict defendant because they didn't want to be deliberating for another week and it would teach him a lesson
    E This is a disadvantage because D may have recieved an unfair trial and may not have known this was the case. Appealing the case is also difficult as the jury does not give reasons.
  • P : Disadvantage is outside influences
    E : For edamame jury nobbling has been a particular problem leading to various reforms including major verdicts (peace and justice act 1967) and judge only trials (s44&45 CJA ) was used for first time in R v Twomey
    E : disadvantage because D may not recieve fair trial and furthermore if it’s discovered jury were influenced by outside a retrial is costly and time consuming.
  • Advantage
    Jury equity is seen as an advantage. This is where jurors refuse to follow the law because they believe it to be unfair. This is possible due to the secrecy of the jury room the fact that the judge must accelerate jury’s verdict following bushnells case and that there is no requirement for jury to provide reasons
    A advantage because jury can act as a safeguard against an oppressive government and democracy is seen in action
  • Disadvantage
    Preserve verdicts . This is where jurors decide a verdict based on their conscience ignoring law even when it’s clear. This happened in R v Kronlid where Ds were acquitted of causing 1.5 million pounds worth of damage. Jury refused to conduct based on the fact Ds action was in protest
    Its a disadvantage as its “flying in the face of justice“ as often these verdicts are unjustified