English Jury System Analysis

Superior Essays
Over the years, the role and the responsibility of the jury have been through numerous transformations, hence these improvements made the presence of jury trials a highly controversial topic, leading to the question ‘Are juries needed in the English legal system?’. This essay aims to argue this question from different perspectives. It will first describe the evolution of the jury system and their current role in UK justice. Then, it will go through to analyse the advantages and disadvantages of having such a system using relevant cases. Lastly, it will mention the alternatives for the jury system and conclude by providing an answer to the question mentioned above.
Juries who are now regarded as one of the most fundamental part of the English
…show more content…
Unlike the judges, a jury does not have to follow the acts of the Parliament. This is referred to as ‘Jury Equity’. The secrecy of the jury room supports the idea of ‘Jury Equity’ a lot as the jury is protected from outside influences as well as harassment and thus, can give verdicts that may be different from the precedents of past cases. For instance, in the case of R v Ponting, a Ministry of Defence official Clive Ponting was charged with leaking information to an MP, which concerned the sinking of an Argentinian cruiser during the Falklands conflict. During the case, the trial judge made it clear that the defendant should be condemned under the Official Secret Act 1920. However, the jury believed that Ponting should not be found guilty, giving no legal defence. As a result, Clive Ponting walked free from the court without getting any convictions. The case is currently counted as one of the wins of the jury system because a not guilty verdict was reached despite the opinion of the trial …show more content…
Unlike general bias, racial bias develops over a long time. Therefore, the idea of racism cannot be eliminated from a juror’s mind just in one day. The random selection of the jury makes the issue even harder as it is impossible to tell just by looking at whether someone has racial prejudice or not. Over the years, there has been a considerable number of different cases showing signs of racism. One of the most famous cases related to this matter is Gregory v UK. In the case, the black applicant David Gregory was being convicted for robbery. While the negotiations of the jury were continuing, a note was given to the trial judge saying a member of the jury is showing racial overtones and needs to be dismissed. In turn, the judge guided the jury to reach a verdict without involving any racial bias but only by considering the evidences presented to them. Thus, the jurors sentenced Mr. Gregory to six years of prison sentence. Afterwards, Mr. Gregory applied to the European Court of Human Rights with the complaint that there was a breach of Article 6(1) of the European Convention on Human Rights. Article 6.1 of the Convention states that everyone has the right to a fair hearing. However, the judge dissented the claim as there weren’t any evidence showing a subjective bias by the jury. A similar scenario took

Related Documents

  • Superior Essays

    Black and White mock jurors read a transcript of the trial that stated the defendant 's race and celebrity status. Results confirmed a “Black racism” hypothesis, since Black jurors favored Black over White defendants by voting not guilty more often, basically saying they would be more lenient sentences and judging them more positively. In contrast, White jurors did not differentiate between Black and White defendants. The defendant 's celebrity status did not affect verdicts or sentencing but did influence other judgments. These results state that race rather than status more likely influenced with the Simpson…

    • 2536 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    Bench Trial Dbq

    • 425 Words
    • 2 Pages

    For the last 250 years, U.S. citizens have been given a controversial option of a jury or bench trial. Not everyone agrees with the bench trials. Although jury trials sound like a good idea, it is actually true that bench trials are better because it guarantees the right verdict almost all the time. Jury trials choose ordinary citizens off the street. For example, with the society today, people cannot stay off their phone, which makes them vulnerable to hearing or gathering false details about the trial.…

    • 425 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Ringo V. State (1986)

    • 631 Words
    • 3 Pages

    (1946) that decided, “the color of a man’s skin is unrelated to his fitness as a juror.” This leads to the Batson v. Kentucky (1986) case of 1986 that “Purposeful racial discrimination in selection of the venire violates a defendant’s right to equal protection because it denies him the protection that a trial by jury is intended to secure.” This led to decision that the detective’s interrogation technique goes against those statues and prior court decisions. The court then points out the dangers of purposeful racial discrimination in the justice system and referenced the case of Powers v. Ohio, 1999 stating, “…racial discrimination has no place in the courtroom.” Then further with the case of Addison v. State (Ind. 2012) with “create a system where all citizens are equal in the eyes of the law.”…

    • 631 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    The Baldus Study

    • 1440 Words
    • 6 Pages

    Here it is evident that the Supreme Court completely ignores its responsibility to protect minorities as prosecutors are granted the ability to use their preemptive strikes in racially- motived ways so long as they do not explicitly state their racism. The Court ruled in Batson v. Kentucky that prosecutors are prohibited from discriminating on the basis of race when selecting juries (Alexander, 116). However, prosecutors have found a way to work around this ruling, which has been deemed completely legal by the Supreme Court decision in Purkett v.…

    • 1440 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    The power of juries has proven to play a large factor in wrongful convictions, although the jury selection process is meant to select people who won’t nullify or wrongfully convict it still…

    • 998 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    There is cases that are presented that are not necessarily justifiable to what the law says its right and wrong and there can be many factors that play into why a certain individual in a special case may not be guilty even though there is clear evidence that the crime was committed. It gives the jury a chance to plug in the factors of who, what, where, when and why and to treat each case as its own. Having the responsibility to use your own judgment holds great potential in a jury system as well as having a wide variety of people from different backgrounds leads to having a wide variety of opinions in a…

    • 2583 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    Introduction The article Racially Based Jury Nullification: Black Power in the Criminal Justice system was written in December, 1995 in a Yale Law Journal by Paul Butler, and than later republished in 2015 in Introduction to Legal Studies. This article was published in North America, for academics in law stream, or anyone with an interest in law. The author poses different views on the racism in todays court rooms faced by African American, particularly by the men. In this essay, I will be analyzing this case from the perspective of white girl so I really can’t say shit on the subject.…

    • 967 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    However, the jury is not a democracy. The jury reaches a verdict based only on evidence provided to them during the trial. Additionally, the trial aggravated a vast misunderstanding of the defense counsel’s role, a problem present before the case.…

    • 1614 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    A reason that supports the idea of scrapping the jury system is the lack of…

    • 1003 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Balancing the tension between community interest and individual rights and freedoms are a significant component of the criminal trial process and is relatively successful in that retrospect. In order to be effective and efficient the criminal trial process should reflect the moral and ethical standards of society, ensure the community is sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The jurors, probably the most important aspect of the criminal justice system, in itself. The American justice system, is built on the idea that justice is blind, therefore, justice is fair, however, it is the jury that ensures that fairness, with that said, it is understandable how one’s bias can compromise the criminal justice system. Therefore, jurors are faced with their own personal bias, moreover, they struggle with their decisions due to personal beliefs, some of which may not be ethical. It is clear, that the adversarial, or adversary system, allows for the most transparent and fair process that exist on this planet, just ask the People’s Republic of…

    • 719 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    As citizens are selected for jury duty, many of them may have experienced racial profiling and have a negative perception of the judicial system. The danger of having a negative perception is a bias toward law enforcement which leads to a subjective view of the facts of a case that is presented. Jurors who have experienced racial profiling maybe inclined to be more compassionate towards a criminal who otherwise should have been found guilty. These types of situations erode at the foundation of the judicial system, causing a further breakdown in trust. The foundation of the judicial system is based on honesty, trust, and integrity.…

    • 1446 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Jury System Dbq Analysis

    • 478 Words
    • 2 Pages

    Over the years, jury systems have precedent the way we reach a verdict based on the trial. Moreover, it has been proven that jury systems have shaped Americans to be self-governors (Document B). Evidence shows that in a twelve month period bench trials have only 65 percent of criminals that have been convicted and 87 percent of criminals have been convicted in jury trials (Document A). This proves that jury systems are able to prosecute more and deliver more justice than bench trials. To begin, I support jury systems based on open minded peers reaching a verdict, prevention of corruption, and civic participation/knowledge for citizens.…

    • 478 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    R. V. Williams Case Study

    • 592 Words
    • 3 Pages

    Evidence claiming prejudice against William and aboriginals had begun a “realistic potential” for partially, which lead William to question jurors to see if they would be able to set their prejudices aside when distributing the verdict (R. v. Williams, [1998] 1 S.C.R. 1128. 31. Supreme Court. 04 June 1998. Print).…

    • 592 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Trial by ‘a jury of one’s peers’ should be a more often occurring event, in which the bias a judge produces naturally would be avoided. Such a solution would be much better than the system we follow now in which we completely conceal the fact that African Americans still face discrimination and unlawful…

    • 1533 Words
    • 7 Pages
    Superior Essays

Related Topics