Juries 12 Markers

Jurors can decide a verdict based on whether they think it is morally right or wrong.

R v Owen - D was guilty, the jury sympathised with D so found him not guilty.

Fair/just decisions can be made based on conscience.

COUNTER - perverse decisions.

Ignoring the law and basing their decision on their conscience, or lack of understanding.

R v Owen - D was guilty, the jury sympathised with D so found him not guilty.

Defeats the point of law and denies D the right to a fair trial.

COUNTER - flexibility.

Contempt of Court Act 1981 makes makes it an offence to share discussions from a jury room and Bushel’s case means they don’t have to reveal reasons for decision.

Jurors discuss the evidence in detail and take the standard of proof seriously.

If discussions were made in public, jurors may not want to be open and honest and feel pressured into making a decision.

COUNTER - unfairness.

Contempt of Court Act 1981 makes it an offence to share discussions from a jury room and Bushel’s case means they don’t have to reveal reasons for decision.

R v Young - jury asked Ouija board to ask V who the killer was, then found D guilty based on this rather than evidence.

Cannot tell if the jury are actually using evidence to make a decision or random information/prejudice.

COUNTER - open and honest about thoughts.

‘Trial by peers’ so D is judged by ordinary members of the public so the jury are representative of society.

80% of people would trust a jury more than a judge or magistrates.

Shows support and agreement with the justice system.

COUNTER - prejudiced.

Information about cases and D’s are available on the internet, but juries are only meant to use evidence in court.

In 2010, 12% of jurors in high profile cases admitted to using the internet.

AG v Dallas - led to the Criminal Justice and Courts Act 2015.

Hard to stop the jury using the internet at home and not all info online is reliable.

COUNTER - public trust juries more than magistrates.

Jury members cannot know anyone involved in the case.

R v Wilson and Sprason - wife of the prison officer overseeing D was not allowed to sit on the jury for fear of bias.

Decision is based purely on the evidence in court and justice is actually achieved.

COUNTER - bias.