Evaluation of Juries

What quote is given for the advantage of a jury?

They are the “lamp that shows that freedom lives”.

Advantages of a Jury:

• Public confidence - everyone is directly involved within the jury system

• The Juries verdicts are seen as societies at large

• It is a fundamental part of democracy

• It is a protection against the state

What did Lord Devlin say a tyrant would do to the jury system?

The first thing a tyrant would do if he came to power would be to abolish the jury system.

Bushel’s Case (1670)

Facts - Two men were charged with riot. The jury refused to convict and the judge was so angry he sent the jury to prison.

Principle - The jury should be independent and return a true verdict without fear of consequence

Ponting (1984)

Facts - D worked for the MOD and sent documents to an MP that was evidence that the government had lied to parliament. D was charged under the Official Secrets Act 1911.

Principle - The jury acquitted him because they approved of his actions. This is known as Juries equity

Why is the secrecy of a Jury room an advantage?

It allows the jury to be free from outside pressure

What are some disadvantages of Juries:

• Perverse decisions - A verdict that goes against evidence

• Secrecy of the Jury room - It is unknown how the Jury came to their decision

• There may be a racial bias or discriminatory bias

• Media coverage may be able to influence jurors in high-profile cases

Owen (1992)

Facts - D’s son was killed by V by V’s uninsured and unroadworthy truck. V had never passed driving test and blind in one eye. D shot V when he was released from prison for reckless driving. The judge told the jury to put aside feelings of sympathy for D. They acquitted D anyway.

Principle - This was a perverse judgement as the jury went against evidence. Juries should not be unpredictable.