Advantage Trial by Jury Model Answer

• (1) An advantage of trial by jury is that juries maintain confidence in the legal system. Juries have been used for over 1000 years in the English Legal System and are well supported by the public. Lord Devlin says 'they are the lamp that shows that freedom lives' suggesting that for a defendant to be tried by their peers is very beneficial compared to the alternative of having either a single judge or 3 lay magistrates. Jurors have no connection to the defendant so have no loyalty and can fairly reach a decision based on fact.
• (1) They only typically serve 2 weeks and unlike judges and magistrates are unlikely to become case hardened during this period. Research conducted by the Home Office in 2004 entitled 'Juror's Perception' have a very positive response to jury service where 66% of jurors stated that their jury service had actually boosted their confidence in the jury system. Further government research in 2009, 69% of the public agreed that the right to jury trial is important and should keep its current form.
• (2) Another advantage of trial by jury is that it involves fair and balanced decision making. Having 12 differing points of view can only be beneficial and ultimately does not lead to one person solely having the power to decide. It allows for compromise and discussion and avoids potential bias.
• (2) Fairness is provided as a result of the weight of numbers, if all 12 jurors reach the same decision, or even a majority, then it is likely the correct outcome has been achieved. If one judge was used then as the power is vested in one person alone then there is the risk of prejudicial views influencing a verdict.
• (3) Also, juries can deliver verdicts according to their conscience which is another advantage of their use. Where a judge will be bound to follow the law in all cases, members of the jury are able to express their opinions through common sense and view of justice. In the case of R v Ponting 1985, the jury acquitted Ponting even though he had clearly broken the Official Secrets Act as Ponting freely admitted that he leaked copies of Ministry of Defence documents relating to the sinking of the Belgrano, an Argentine warship, in the Falklands.
• (3) In 1989 Ken Dodd was charged with tax evasion. The subsequent trial led to several revelations including Dodd having very little money in his bank account, but having £336,000 in cash stashed in suitcases in his attic. Dodd was acquitted by a Liverpool jury. Jurors are also free from pressure and should not be influenced by anyone.
• (3) This is advantageous as they are free to reach the decisions they want and not be forced into their decisions. The unacceptable nature of pressure on the jury was illustrated in Bushell's case where the jury returned a not guilty verdict and the judge did not agree so sent them away to redeliberate without any food or drink. After returning another not guilty verdict, the judge fined them and put them in prison. On appeal it was stated that jurors should not be punished for their verdict and they 'were the sole arbiters of fact', the judge should not challenge their decision.
• (4) In addition, juries are chosen at random by the JCSB from the electoral register which ensures that there is a broad mix of people, if there isn't then the prosecution or defence can challenge the jury to the array, for the cause or stand by for the crown. This is an advantage as it means that there is a wide cross-section of jurors who are representative of society from many different backgrounds and all walks of life. A mix of gender, age, ethnicity, occupation etc ensures that jurors have different opinions and a fair trial takes place.
• (4) A survey of 84 courts showed that in 81 of them black and ethnic minority jurors were not under-represented. This study also showed that juries reflected the local population.
• (5) A final advantage is that the jury system keeps the legal process simple. A judge must first ask the jury for a unanimous verdict. The prosecution and defence therefore need to convince all 12 members of the jury that their case is the correct one. As a result, the case proceeds at the speed of the slowest juror. Lawyers must avoid speaking in legal terms which the jury will not understand. If the jury is able to understand the case presented to them, it is reasonable to assume that the defendant would also be able to understand the proceedings.