AC 2.5- discuss the use of laypeople in criminal cases. [6
marks]
JURIES
Based on their assessment of the evidence and what the judge informs them
about the law, they determine what has been proven and what has not, and
they render a verdict on each count. If the jurors are sure of a defendant’s
guilt, they must convict. Anyone who questions the jury about their decision or
how they arrived at it, is breaking the Criminal Justice and Courts Act 2015,
which makes this an offence. A juror is only allowed to discuss deliberations if
they wish to report misconduct. Any registrant between the ages of 18 to 75
who is listed on the electoral register is randomly chosen for a jury.
Strengths
Juries, according to Lord Devlin, are “the lamp that shows that freedom lives”.
The idea that a person should be tried in front of their peers is among the
oldest legal practices. According to research by the Bar Council and Law
Society, 85% of respondents believed jurors would make the appropriate
choice. The public has strongly opposed moves in recent years to restrict the
use of juries in situations involving minor theft, demonstrating how well
supported juries are. The public’s faith in the jury is crucial because victim and
witness cooperation, such as reporting crimes to the police and testifying in
court, may be significantly influenced by public belief in the legitimacy and
fairness of the legal system. The government wants to limit the use of juries for
minor theft in court as they want to improve how courts respond quickly and
efficiently to crime and disorder. A jury is composed of 12 randomly chosen
members of the public, increasing diversity in terms of age, gender and
ethnicity while ensuring fairness. This is particularly important as that one
individual would be a judge or 3 magistrates who are dealing with offenders.
As they have witnessed numerous crimes and no longer feel any emotion or
empathy, there is a potential that they will become case-hardened and
desensitised to criminal activity. A juror is likely to sit on a jury only once in
their lives, making them more open to ideas. A judge or magistrate may
become case hardened, this could happen when they hear many similar cases
and start to judge them all in the same way, without taking into account any
unique elements of the case.
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