Essay
Advantages of using juries
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- OCR
Essay of 1 pages for the course AS Unit G151 - English Legal System at OCR
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Discuss the advantages of using juries in criminal cases12
An initial advantage of the use of juries in criminal trials is that it inspires public
confidence. This is an advantage because juries are considered to be ones right to
be judged by one’s peers which is a bastion of liberty against the state. Another
advantage of the use of juries in criminal trials is that the use of a jury is a significant
feature of a democratic state and the concept of democracy is viewed as being fairer
by the public. However, juries don’t have to give reasons for their decisions which
maty make the public lack confidence in whether the jury has considered evidence
fairly.
Another advantage of the use of juries in criminal trials is the due to juries not being
legal experts they are not bound to follow the precedent of past cases or Acts of
Parliament. This is an advantage because juries can decide the case on their own
ideas and ‘fairness’. This is also an advantage and shown in cases such as
Pointings Case (1985) where the defendant is charged as he leaked information on
the sinking of a ship and he plead guilty. The jury then refused to convict him even
though the judge said that he had no defence. However, the issue is that people do
not believe non-legal experts can perform as good a job as those who are qualified.
A further advantage of the use of juries in criminal trials is that the jury’s decision on
the verdict takes place in secret so there is not input from outside. This is an
advantage because it cannot be influenced by those who may have different
interests. This is also an advantage because it is extremely important that the jury
come to the decision rather than the decision the outside wants to occur. On the
other hand, people worry that this can lead to wrong decisions due to how they are
lay people.
An advantage of the use of juries in criminal trials is that the jury is impartial to the
case so that they do not have any other motives. This is an advantage as it
decreases the chances of bias when arriving at a verdict. This is also an advantage
as it allows for the evidence to be used to find what someone should be given as a
verdict. However, people worry that possible nobbling or manipulation of evidence
can lead to the wrong verdict being achieved.
Lastly, an advantage of the use of juries in criminal trials is that juries are more
representative of all sections of society rather than magistrates or judges. This is an
advantage because they can relate to people better if they are from the same area or
backgrounds. This is also an advantage because someone is able to sympathise
and empathise with the victims or the accused in the case.
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