Essay

Pros and Cons of the Jury System

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Course
English Legal System

Institution
Buckinghamshire New University

the advantages and disadvantages of the jury system including its history and eligibility. Also includes analysis of its structure delving into emotional, psychological and impartiality of the system. Grade: 67% first year assignment into ELS

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Uploaded on April 3, 2024
Number of pages 7
Written in 2023/2024
Type Essay
Professor(s) Unknown
Grade A

els
english legal system
law
firstyear
1st year
essay
advantages
disadvantages
jury system
juror
assignment

Institution
Buckinghamshire New University
Education Unknown
Course
English Legal System

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Discuss the advantages and disadvantages of the Jury system?
Please support your answer with academic opinion.

Introduction
The England and Wales jury system, first introduced by King Henry II during his reign has been

a key institution which has defined the English Legal System for many centuries. Originally, the

role of a juror was to report crimes within their community and name the people who were

involved but since then, the jury system has undergone several changes and developments

shaping it into what it is today. In the modern age, the jury is comprised of twelve members of

the public who listen to the evidence of a trial and decide whether a person is guilty beyond all

reasonable doubt. But this begs the question of whether introducing ordinary citizens into legal

deliberations truly aid in bringing justice. This essay will evaluate the advantages and

disadvantages of the jury system to conclude its feasibility within the justice system whilst

considering the impartiality, potential biases and the emotional impact experienced by jurors

during legal proceedings.

Eligibility of the Jury System
The Juries Act 1974 states a specific eligibility criterion for an individual to be summoned to

serve as a juror. To be summoned, one must be between eighteen and seventy-six years of age as

well as be registered as a parliamentary or local government elector. In cases where these

requirements are met but the individual is unable to serve their time, the Act allows them to

request for an excusal. Individuals with a mental illness, a disability, have full time carer

responsibilities, or are a new parent unable to serve for at least twelve months1 do not have to

1
https://www.gov.uk/jury-service/delaying-or-being-excused-from-jury-service Author, ‘Article Title’
(Website Name, Date) <URL> accessed date

, complete jury duty. One can also be excused if they have completed jury duty within the past

two years. Furthermore, there are also conditions that can cause a person to be excluded from

completing the service such as those with a criminal record. The Criminal Records Bureau

automatically conducts checks on jurors to screen out ineligible individuals during the selection

process2.

Main Body
The jury system has been criticised for the emotional and psychological impact it can have on a

juror’s mental health. In severe cases, the jurors will have to hear and view graphic evidence of

cannibalism, necrophilia, child pornography and more which can be emotionally and

psychologically overwhelming. Josie T. Romero, head of the Family and Children Division of

the Santa Clara County Community Mental Health Administration claims that “what jurors

endure in a courtroom triggers immense anxiety, stress and in some cases, mental illnesses”3.

This creates a sense of controversy on the relevance of trial by jury as although many view it as a

civil duty, quite often jurors must endure a trauma experience in which they receive minimal

support. Is it truly necessary for members of the public to experience psychologically damaging

cases to be considered a noble citizen of society? Mark Farrant4, CEO of the Canadian Juries

Commission and former juror attests for the negative impacts of jury service. He had been

assigned to witness a gruesome first-degree murder case that had displayed visceral images and

videos of the crime scene and the autopsy of the victim. Farrant claimed that he would wake up

in cold sweats in the middle of the night due to the horrifying nature of the images seen in court.

Even after the case had been closed, Farrant struggled to readjust to life and would “relive
2
https://unlock.org.uk/advice/juror-jury-service/
3
https://www.nytimes.com/1992/01/31/archives/when-a-jury-hears-details-too-gruesome-to-bear.html
4
https://www.youtube.com/watch?v=vVESSWFuSoY&ab_channel=CanadianJuriesCommission

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