My Essay on the abolition of trial by Jury in 'complex' Criminal Cases.
this document will outline and explain the fundamental elements of the jury, the nature of multifaceted serious allegations, pre-formed assumptions, and examples.
ESSAY
QUESTION – The abolition of trial by jury in ‘complex’ criminal cases
The jury has been considered to be a fundamental element of a democratic society; they
ensure that society is involved within the administration of justice. Despite this, with their ‘limited
duties of deciding questions of fact, they are given too much power’ over a life changing decision
within complex criminal cases. 1 This essay will enhance the belief that abolition of trial by jury
should occur within complex criminal cases which includes rape and murder trials. This essay will
conclude exploration on the composition of the jury, the pre-formed assumptions and misconceptions
within certain trials, the veiled nature of jury deliberations, the experience of emotion within the court
room, and the absence of a jury.
Juries maintain public trust and confidence within the law and are an important asset of
citizenship, however they ‘do not reflect the broad range of skill, experience or ethnic diversity of the
communities from which they are drawn’. 2 Due to the process of selecting jurors, it is likely that
many jurors are not qualified for civic privilege and duty which may implement the quality of service
they provide.
Within the nature of multifaceted serious allegations, jurors are usually ‘warned by the judge
against the unfairness of approaching the trial with any pre-formed assumptions’ 3. Despite this many
jurors make ‘unwarranted assumptions about the complainants demeanour or behaviour’ especially
due to rape myths and heightened emotions amongst the jurors. Due to the misconceptions and
assumptions, the verdict may result in an unjust outcome. Within the example of rape trials, it is
undoubtedly a difficult crime to prosecute, ‘often resting on the issue of consent rather than the act
itself being disputed.’4 This type of crime is traumatic for the victim and can rise emotions amongst
the jurors. Due to this crime being ‘distinctive it requires a specialised approach’. 5 Preconceptions
and rape myths can alter the outcome of a trial, if not addressed by the judge, then the jury are able to
decide based on their assumptions upon sexual behaviour. An example of these misconceptions
include where people wrongly believe that ‘women who drink alcohol or use drugs are asking to be
raped’ and if ‘the victim did not complain immediately it wasn’t rape’ 6. Due to many jurors taking the
approach of rape myths, the victims credibility is undermined by these pre-conceptions ultimately
resulting in an unjust verdict.
Heightened emotions may affect the jury concerning the case at hand. Murder and rape cases
are an example where one may feel revulsion and anger ultimately overwhelming the objective and
impartial approach jurors take in these events. In accordance with emotion, jurors may take a
sympathetic approach or make an irrational decision on the basis of how the trial made them feel.
Distress is also caused to jury members, in the example of R v Wagner and Bunting, the evidence of
the ‘sadistic torture’ showed to be ‘extremely gruesome that three of the original jury were unable to
cope and dropped out.’7 The effect that jurors emotions within a complex criminal case can result in
an unjust or a rushed decision, or new jurors may be selected due to dropouts.
1
Oxford Royale, https://www.oxford-royale.com/articles/scrap-jury-system/
2
Review of the Criminal Courts of England and Wales, Criminal Courts Review (criminal-courts-review.org.uk)
3
Criminal Law, Allen Michael, and Edwards Ian, (16 th edition) (p.468) (2021) https://doi-
org.northampton.idm.oclc.org/10.1093/he/9780198869931.003.0011
4
Government, 2022 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/
attachment_data/file/1001417/end-to-end-rape-review-report-with-correction-slip.pdf
5
Government, 2022
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/
1001417/end-to-end-rape-review-report-with-correction-slip.pdf
6
Criminal Law, Allen Michael, and Edwards Ian, (16 th edition) (2021)
https://doi-org.northampton.idm.oclc.org/10.1093/he/9780198869931.003.0011
7
13. The jury | Law Trove (oclc.org) [13.11.5]
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