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Discuss the arguments for and against jury secrecy
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Discuss the arguments for and against jury secrecy
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Discuss the arguments for and against keeping thesecrecy of the jury room
An initial advantage for keeping the secrecy of the jury room is that the jury is free of
pressure when making the decision. This is an advantage because it means that
they can come to what they believe is a fair decision rather than what the general
public or the media believes. This is also an advantage as it is not known as to what
members vote which way as to whether they believe the defendant is guilty or not
guilty. On the other hand, some people believe that this can lead to wrongful
convictions.
Another advantage for keeping the secrecy of the jury room is that they can interpret
the law as they believe it is supposed to be applied. This is an advantage because
they do not have to follow the strict interpretation of the law or the explanations that
the judge gives to the jurors. This is also an advantage because it does not mean
that people who may have made a genuine mistake are always convicted for their
crimes.
On the other hand, an initial disadvantage of the secrecy of the jury room is that they
do not have to provide reasons for their decisions. This is a disadvantage because if
the pool of jurors is particularly biased for a reason then this means the chances of
acquittal are extremely low. This is also a disadvantage as it is very hard to find out if
there has been an instance of jury nobbling. However, some people believe that trial
by peers is extremely important in society.
A further disadvantage of the secrecy of the jury room is the fact that the jury are lay
people. This is a disadvantage as they are not legally qualified and therefore are not
as capable at applying the law to the situations that may apply in the case. This is
also a disadvantage as they may want to make a quick verdict so that they can leave
the room fast rather than truly debating the situation.
Lastly, another disadvantage of the secrecy of the jury room is that the jury do not
have to listen to the explanations of the judge. This is a disadvantage as the judge is
there to direct them as to what to take on board and what to ignore. This is also a
disadvantage as the judge is legally qualified and can provide the most help in many
cases that arrive in court. On the other hand, it is believed that the importance of the
jury is integral for the legal system.
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