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Downsides of Jury in Criminal Trials

TITLE

Discuss the disadvantages of using a jury in a criminal trial.

ESSAY

🌟Title: Disadvantages of Using a Jury in a Criminal Trial in the English Legal System🌟

🌟Introduction🌟
The use of a jury in criminal trials is a fundamental aspect of the English legal system, designed to ensure fairness and impartiality in the adjudication of criminal cases. However, despite its long💥standing tradition and perceived benefits, the use of a jury is not without disadvantages. This essay will critically examine the drawbacks associated with using a jury in criminal trials, focusing on various legal authorities and legislative provisions.

🌟Perverse Decisions🌟
One of the foremost disadvantages of using a jury in criminal trials is the potential for perverse decisions. This was exemplified in the case of R v Randle & Pottle (1991), where the jury's verdict led to criticism and concern over the adequacy of juries in understanding complex legal principles. Such decisions may undermine public confidence in the criminal justice system and lead to miscarriages of justice.

🌟Secrecy and Misconduct🌟
Another significant disadvantage of jury trials is the secrecy surrounding their deliberations, as highlighted in the case of R v Mirza (2004). Jurors are not required to provide reasons for their decisions, making it challenging to ascertain if the verdict is based on sound legal reasoning. Moreover, instances of juror misconduct, such as events outside the jury room as seen in R v Young (1995), can further compromise the integrity of the trial process.

🌟External Influences🌟
The susceptibility of juries to external influences poses a considerable disadvantage. Jurors may be exposed to extraneous material, as demonstrated in the case of R v Karakaya (2005), which can unduly influence their decision💥making process. Factors such as racial bias, media influence, and the use of the internet (e.g., Criminal Justice & Courts Act 2015) have the potential to cloud jurors' judgment and undermine the fairness of the trial.

🌟Juror Understanding and Complexity🌟
Critics of jury trials have raised concerns about jurors' lack of understanding of complex legal issues, as highlighted by the Runciman Commission in 1992. In cases involving intricate matters such as fraud trials (Roskill Committee 186), juries may struggle to grasp the intricacies of the evidence presented, leading to erroneous verdicts.

🌟Juror Tampering and Compulsory Service🌟
The risk of jury tampering, as addressed in s44 of the Criminal Justice Act 2003 and cases like R v Mey & Others (2009) and KS v R (2010), poses a serious threat to the integrity of the trial process. Coupled with the high acquittal rates associated with jury trials, the compulsory nature of jury service can further exacerbate the challenges faced in ensuring a fair and efficient criminal justice system.

🌟Conclusion🌟
In conclusion, while the jury system is a cornerstone of the English legal system, it is not immune to drawbacks. The disadvantages of using a jury in criminal trials, including perverse decisions, secrecy, external influences, juror understanding issues, and the risk of tampering, highlight the need for a critical evaluation of its efficacy in ensuring justice. Efforts to address these challenges, such as judicial oversight and reforms in jury selection and education, are essential to uphold the integrity and fairness of criminal trials in the English legal system.

SUBJECT

LAW

PAPER

A level and AS level

NOTES

Disadvantages of Using a Jury in a Criminal Trial

💥 Perverse decisions (R v Randle & Pottle, 1991)
💥 Secrecy (R v Mirza, 2004)
💥 Events outside the jury room (R v Young, 1995)
💥 Extraneous material (R v Karakaya, 2005)
💥 Racial bias (Sander v UK, 2000)
💥 Media influence (R v West, 1996; R v Taylor & Taylor, 1993)
💥 Use of the internet (Criminal Justice & Courts Act 2015)
💥 Lack of understanding (Runciman Commission, 1992)
💥 Fraud trials (Roskill Committee, 186)
💥 Jury tampering (s44 Criminal Justice Act 2003, R v Mey & others, 2009, KS v R, 2010)
💥 High acquittal rates
💥 Compulsory nature of jury service
💥 Makes trials slow

(AO2 out of 8 marks, AO3 out of 7 marks)

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