AC2.5 full marks that I used in my controlled assessment and I received an A*. This writeup was marked by my 2 criminology teachers who are also Criminology Examiners.
‘Lay People’ is used to describe the use of ordinary, non-qualified people in the legal system. It is
believed that by using ordinary people in courts it makes the system fairer and avoids people
criticising the court for making decisions behind closed doors.
Juries
Jurors are ordinary members of the public, or lay people, without legal knowledge, who decide the
outcome of criminal cases. The eligibility for jury selection and qualification is contained in the Jury
Act 1974 and the Criminal Justice Act 2003. Jurors are randomly selected from the names on the
electoral register, are between the ages of 18 and 75, have a residency requirement of five years or
more in the UK, Channel Islands or Isle of Mann and have no recent criminal convictions.
A jury's role is to listen to the evidence and then decide the guilt or innocence of the defendant.
They are advised on the law by the judge and can take notes and ask questions, via the judge, if so
desired. The decision they make cannot be questioned. A jury must give a verdict of guilty or not
guilty – either a unanimous (all 12) or majority (minimum of 10) verdict must be reached. A hung
jury (one that cannot reach a verdict) may be discharged.
Jury duty is compulsory but there is a possibility of it being deferred for good reasons such as a
holiday, medical appointment, etc. Lawyers, judges, and other legal personnel are now able to carry
out jury service as a result of the Criminal Justice Act 2003.
Strengths
A strength of Juries is they are ordinary people who, as such can bring their own ‘justice’ or
fairness to a case (sometimes called jury equity). Even if a judge explains the law and how it
should be applied, the jury can still reach a verdict contrary to the evidence.
Jury equity can be shown in the case of R v Owen where the defendant's son was killed by a
careless driver who was given a 12-month prison sentence. The driver knocked Owen's son
off his bicycle with a 30-ton truck, which was not insured and was not roadworthy. In
addition, the driver had never passed a driving test and was blind in one eye. Owen felt the
sentence was insufficient and decided to take his own justice for the loss of his son. He
therefore shot the driver in the back and arm with a sawn-off shotgun. Charged with
attempted murder, Owen was plainly guilty as he had deliberately shot the man. However,
the jury understood why he had done this and decided to acquit him.
Later, some members of the jury congratulated him. This was the jury's verdict and nothing
could be done about it.
Another strength of the jury system is that it is popular with the public, who have confidence
in the system as they are aware it is ordinary members of the public playing such an
important role in the criminal justice system. This right to be tried by your peers is enshrined
in our history and is seen as a democratic right. Moves to withdraw it for minor offences of
theft were met with great resistance.
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