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Discuss the disadvantages of using juries in criminal cases 12
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Essay of 1 pages for the course AS Unit G151 - English Legal System at OCR
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Discuss the disadvantages of using juries in criminalcases 12
An initial disadvantage of the use of juries in criminal trials is that there is a chance
that there is not representation of the population. This is a disadvantage as they may
have a bias or prejudice against a certain person in the case. This is also a
disadvantage as people who are ineligible to vote are excluded and discriminated
against such as homeless people. However, possibilities to challenge the jury are
available if these issues occur.
Another disadvantage of the use of juries in criminal trials is the possibility of
perverse decisions being made by the jury. This is a disadvantage because
someone who is clearly guilty can easily be acquitted with the right jury as well as
the other way around. This is also a disadvantage because in cases like Pointing,
Kronlid, Randle and Potter where decisions are wrong this can then lead to a loss of
public confidence. However, this can be solved through jury vetting and appeals by
the prosecution or defence.
A further disadvantage of the use of juries in criminal trials is the possibility of jury
tampering and nobbling taking place. This is a disadvantage because it can lead to
an incorrect verdict if the jury is infiltrated. This is also a disadvantage in cases such
as R v Twomey and others (2009) S.44 Criminal Justice Act 2003 if there has
already been an effort to tamper with the jury as the prosecution can apply for trial to
be heard by only a judge. However, if the jury is vetted beforehand this should
reduce tampering.
A disadvantage of the use of juries in criminal trials is the use of the internet by the
jury during the case. This is a disadvantage as it can inspire possible prejudice from
incorrect information on the internet. This is also a disadvantage because in some
cases such as R v Karakaya (2005) at least one member of the jury had researched
case aspects introducing a lot of bias and prejudice to the case. However, some
people believe knowledge would be helpful when coming to a verdict.
Lastly, a disadvantage of the use of juries in criminal trials is the issues with the
secrecy of decision making. This is a disadvantage because no reasons have to be
given for the verdict meaning it is never known if the case is truly understood. This is
further problematic as it is impossible for malpractice investigations to take place.
However, it is important to keep secrecy to reduce influences for the jury.
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