Finally, it will consider the alternatives to the current jury system. At first the use of the jury was providing local knowledge and acting more like witnesses rather than the decision makers that they are seen as today. They are now independent assessors of deciding fact.
One advantage of trial by jury is public confidence. A jury is considered by most as one of the fundamentals of a democratic society and the right to be tried by our peers has been supported by many renowned judges. There are also new qualifications for jury service enabling almost everyone a chance to serve on a jury and creating a cross section of society.
The use of a jury is very old and still takes place in society today showing that it must be a fair way to judge the accused and that society must have confidence in the jury system. Another significant factor in the advantages of having a jury is jury equity. The vast majority of people who are selected for jury service are not legal experts and have no previous case knowledge, they do not have to follow previous cases or acts of parliament when deciding whether or not a person is guilty.
A further advantage of jury equity is not having to give a reason for the verdict that they have reached. Thirdly, the jury system is seen to be an open system of justice, meaning that a jury makes the legal system more open. This is because members of society are taking part in a vital role which makes the process public. A positive result of having lay people in court is that the law will be kept much clearer because the majority of things said will have to be clearly explained to the jury and it also gives the defendant a chance to understand the case too.
Conversely, the jury deliberate in private and do not have to give any reasons as to why they have come to their Siobhan Prentice Word count: decision, suggesting that the legal system is not fully open, unlike judges who have to explain their reasoning for a judgement they have made and if they make any mistakes it is then known by others and can be appealed against.
A final point of advantages of juries is impartiality. The process of the jury being selected is random and should create a cross section of society where the people all have different backgrounds and views resulting in any biases being cancelled out. Having discussed the advantages of having a jury, it is important to also discuss the limitations too. A disadvantage of a jury would be perverse decisions. Earlier in the essay when discussing the advantages of a jury, jury equity was spoke about.
However, this can also be seen as a disadvantage because to some it is unjustified and perverse. An example of this would be the case R v Randle and Pottle Where the defendants were charged with helping a spy escape from prison however this did not come about until it had been wrote about in a book twenty five years later. The jury acquitted the defendants and it was thought that they did that because of the length of time it had been since the offence and the time of the prosecution.
Most jurors have little or no training in matters of law. The only legal requirement for a juror is that he knows the facts involved in case being tried. The judge guides the juries in determining the facts they can admit into evidence and the ones they must exclude. Many jurors encounter complicated problems far beyond their training and experience. The lack of legal knowledge allows prosecutors to easily convince and persuade jurors to believe their assertions. A jury trial presents a disadvantage for defendants when prejudice is an issue.
Local biases and prejudices influence the outcome of many trials. The jurors disregard logic presented by a judge or defence lawyer, because of past experiences or moral sentiment. Prejudiced jurors have unjustly convicted innocent defendants. Stereotyping and racial profiling contribute to miscarriage of justice in some cases. No matter what you may have heard, there are many advantages and disadvantages to being a jury foreman.
While the jury is not required to actually render a decision, your decisions will definitely impact the outcome of the case. If you think that you might enjoy jury duty, take some time to learn about the advantages and disadvantages. The primary advantage of jury duty is the opportunity to interact with other people.
You will meet other community members during the trial and then again after the trial. While some may view this as an intrusion into their private lives, it is in fact a great chance to develop social relationships with other individuals from the community. Another advantage is that a jury trial allows you the opportunity to weigh competing views and make an informed decision. During deliberations, you are not bound by the instructions of your legal counsel.
In fact, a judge may instruct you to ignore certain facts or testimony if you believe they do not support your verdict. Because a jury can act independently of the judge, they are able to more closely examine the evidence and testimony. Unlike juries in regular courts, a potential juror has the opportunity to question witnesses and make their own opinions.
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