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Disadvantages of Juries (Not truly representative of the public (2008 26%…
Disadvantages of Juries
No reasons given for verdict
Juror can be forced to go with flow or give genuinely deserve verdicts
Done in private so the only time the public finds out what happens a when juror complains
Verdicts can be given on a whim
R v Young- the jury used used ouija board to help their decision while staying in a hotel- This could be investigated because it occurred outside the jury room
R v Mirza, the House of Lords refused to intervene when told how a jury had reached their decision.
Not truly representative of the public
Reluctant jurors try harder to get out of it
Jury vetting also impacts
Particular impact on younger people
Government have prosed increasing age to 75
Too many reasons for not qualifying
2008 26% juros excused on discretionary grounds. Although most defendants under 25, the average age of likely to be excluded from serving
Most convictions are under 25
Mothers of young children are often excused
Jury Nobbling-There is a danger juror may be bribed or intimidated into reaching their verdict.
Criminal Justice Act 2003 allowed trial by judge without a jury if there was a real danger of jury nobbling. This happened in R v Twomey 2010 after 3 previous trials, the last one having been abandoned due to jury nobbling.
Lack of ability to do the job
Actual workings of a jury cannot be tested due to secrecy. Media may influence decisions
Recent cases raise doubts about jurors suitability- Davey posted comment on social media; Beard researched case online
Jurors font really understand nature of criminal proceedings, jurors see this as being manipulated
Thomas Report- only 31% fully understood them. Younger jurors understood them better than older, better with written instructions
Particular problem in long cases such as fraud now can sit without jury, because decide in secret no one knows exactly how they reach their verdict or more importantly if they have used a fair process