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An advantage of having a jury is that the person on trial gets a verdict from a neutral voice in the case from an unrelated outside group of people. The judge has to explain legal matters. The jury system gives us many advantages in the role it plays in the court room, one of the many advantages is that it allows the jury to have a cross section of many different types of 12 people giving us an answer that is agreed amongst everyone. Because that is the advantage of a jury of 12: it reduces the chance that a mistake of fact will be made. 4. 4. The original English system of jury trials dates back to King Henry II, who had twelve lawful and free men hear a case and issue a . Experiences or moral sentiment this means it really isn & # x27 t. Ponting, the use of the democratic process means juries often reach verdicts based. This is a great pointer to the fact that it is a process that is fully backed by law and as such, needs to be taken seriously for fairness and pure justice to be realized. The advantages of a jury system include the fact that the public generally accepts jury verdicts, and lay people, their "peers," are more trusted, often, than judges. This increases the accused person's . justice and more than a wheel of the constitution; it is the lamp that show s that freedom. Because juries are comprised of regular people, their combined knowledge of the law is usually less deep than the knowledge of a judge. Here, jury members are not bound by the rules of precedent and can . Jury Advantages And Disadvantages. Good afternoon. Other preferences of the jury system include that it shares the liability rather than the judge deciding the case . Contents. The jury service is ruled by the Juries Act 1974 and the Criminal Justice Act 2003. In the light of the discharge of the jury in the trial of Vicky Pryce, questions have been asked about the value of the jury system. Approach 7 2.1 Multi-method approach 7 2.2 Case simulation 7 2.3 Large-scale verdict analysis (CREST) 10 2.4 Post-verdict surveys 12 3. Open system of justice. Advantages. In conclusion there are many advantages and disadvantages of both magistrates and juries, which are that there is public confidence, fair results without being bias and juries represent the public as a whole, this means that they are a fundamental part . Its exact characteristics and powers depend on the laws and practices of the countries, provinces, or states in which it is found, and there is considerable variation. WJEC Level 3 Applied Certificate and Diploma Criminology C.A. As such, the jury comprises individuals of various ages, with different life experiences and often from contrasting ethnic, social and cultural backgrounds. Results 14 3.1 Race and jury decision-making 14 3.2 General trends in jury trials 2006-08 26 4. Juries are usually active citizens performing jury duty. . Other disadvantages of having the jury service can be that they may be a case of racial bias. I am not a fan of the Grand Jury. Effectiveness of the jury. Although for many people trial by jury seems to be the fairest and the most unbiased way of establishing the person's guilt or innocence, the practice shows that this method has many disadvantages and may cause . On the contrary most lawyers in England think that the abolition of the system is most unlikely: Devlin, P., Trial by Jury, 3rd ed. With a trial by jury, you can use emotional arguments to your advantage, as jurors are more susceptible to being influenced by the personal appeal of an argument or testimony. The UCL Jury Project, led by Project Director Professor Cheryl Thomas, has pioneered the study of the jury system. In trials by jury, the jury decides on factual questions and the judge decides on law . For example minor traffic . Jury Advantages And Disadvantages. A primary strength of the jury trial is that it acts as a check to unfettered prosecutorial power. 9 Pages. The juror then gets to cast their vote, based on their feelings about the case. It can be said from the outset that a number of issues arise, which arguably compromise their role to a certain extent. the jury's verdict. Popular books for Law and Public Services . Bench trial, in which a judge for over 800 years are . The jury may lose interest throughout. Bennett. Everyone is interrogated and asked questions the same way, and circumstances, facts and evidence are examined to ascertain the . 451 fining himself to mumbUng out rulings on such points as he could not evade passing upon, charging the jury as briefly as possible, merely upon the law, and seeming whoUy indifferent whether their verdict was to be just or unjust, in conformity with or against the evidence. Role of a Jury: Benefits of a Jury Trial. The jury in criminal cases. My colleague, Butterworths Company Law Handbook K. Walmsley. Based on your case, ordinary people can be much easier to persuade than judges, who are obviously trained to . Basically, however, it recruits laypersons at random from the widest population for the trial of a particular case . Not one they believe is expected of them. It wasn't until the 14th century when their roll came to determiner of fact in a case. This means juries often reach verdicts not based on the hard, legal data surrounding the case, but on their emotional . Part 1: Courts and Tribunals 6 The Supreme Court 7 The Court of Appeal 8 The High Court 9 What are Circuits? A jury is, in theory . Prosecutors have a tremendous amount of power when deciding whether to charge a defendant with a crime, as well as what charges to bring. Traditionally‚ the jury system has been viewed as a cornerstone of common law procedure. This paper will seek to explain the difference between the jury system and judge system. Advantages Disadvantages of the Jury System - was specially In theory, this means that the physician decides what is best for the patient and coordinates his or her care, while at the same times working to control costs and trying to ensure the delivery of care in the most efficient manner possible. The jurors disregard logic presented by a judge or defence lawyer, because of past experiences or moral sentiment. Every juror will also have their own personal biases, and this can affect their decision-making. I will address you on three topics: how members of the public have access to our criminal courts, our jury system, and how judges try to inform the wider public of their work. This is also an advantage of jury secrexyvad the discussions would be thorough and honest by the jury members, in order to reach the right verdict. It attempts to secure fairness in the justice system. Jurors have more compassion than judges. The first modern form of this criminal justice structure was put into use in the court of Henry II during the 12th century. In this assignment, I will be discussing the ef fectiveness of the Jury System within the. Module: Law (M000) Introd uction. justice and more than a wheel of the constitution; it is the lamp that show s that freedom. English Legal System, taking into consideration, "trial by jury is more than a n instrument of. As the people on a jury do not generally have a legal background, it is possible that they may not entirely understand complex legal documents or argument, or in-depth forensic evidence. the system of educational system in UK is one of the most complicated in the world. Jury decision-making 157 Aims and objectives 157 Case simulation study 159 Jury verdicts and ethnicity 162 Juror votes and ethnicity 164 Race saliency 166 Jury versus juror bias 167 Deliberation 169 Juror attitudes 172 Consisting of 12 or 6 ordinary men and women, the role of the jury is to determine whether the burden has been met by the prosecutor or plaintiff. Within advantages of the jury system uk community things clearly so that the general public can understand and follow the proceeding Henry. Members of the jury gain an insight into the justice system and how it functions. 2. The first disadvantage arises from the fact that jurors are not required to explain the reasons behind their decisions. Advantages & Disadvantages of the Jury System. A jury is defined as a body of persons convened by process of law to represent the . The Advantages of a Jury Trial - Sydney Criminal Lawyers The advantages of having jury service are that the legal system becomes more open and justice is seen to be done as members of the public aim to get fair results and they are made without bias. It wasn't until the 14th century when their roll came to determiner of fact in a case. It attempts to secure fairness in the justice system. ADVANTAGES OF THE JUBY SYSTEM. In this blogpost, Haridya Iyengar, Student, Jindal Global Law School, Haryana, writes about the difference between trial by jury and trial by a judge stating the advantages and disadvantages of both.. (London 1966) Google Scholar; Archer, P., The Queen's Courts 2nd ed. The jury is one of the last areas in which the individual citizen interacts with the workings of government. 750 Words3 Pages. In China, the system is less complex compared with Britain. Put a group of people in a room to make that decision and it becomes easier to accept their outcome. The jury gets to hear both sides of the case, view evidence, and gets to view how the defendant responds to the case. A strong example of how difficult it might be to find a representative jury, or even to have a cohesive enough society to have a jury system at all, is that of South Africa. The Cons of the Jury System. The system of jury trails are twelve honest citizens who offering common sense and values. The jury is considered as a vital part of the UK law system, the jury system is a gathering of 12 people who sit in civil and criminal trials and make decision with the information collected. A final point of advantages of juries is impartiality. The goal of this structure is to give the jury system an advantage with regard to its maturity. If you google the right to jury trial, you will find many references to threats to the jury trial and ample material to support the cause of the critics of the jury trial. The system is made up of police forces, the Crown Prosecution Service (CPS) and other It prevents the partiality of the judge alone and it reinforces Canada's democratic values by having an equal say from each juror. The first advantage is that it provides persons accused of various offenses with the opportunity to get a fair trial, especially when the offenses are deemed more serious. In this assignment, I will be discussing the ef fectiveness of the Jury System within the. As jurors are not legal experts they are not bound to follow precedent, do not have to give reasons for their decision and therefore can decide a verdict on the basis of fairness. Trial by peers is the essential element of the jury system, but juries are not always a true cross-section of the community because some people are unable to serve on a jury, such as members of the legal profession or people who have committed a crime. Serving on a jury giv es people insight into the justice system and their own communities, and corrects . In England and Wales the English legal system of criminal justice are operated on the basis and can be described as an adversarial system of justice. Criminal offences are classified into three categories. (i) The system of inquest by sworn recognitors, even in its simplest form, makes its first appearance in England soon after the Norman Conquest. The jury consists of twelve randomly selected members of the public, who decide guilt or innocence in the most serious criminal trials in the Crown Court. A crisis can often be an opportunity. Jury equity is a key advantage. jury, historic legal institution in which a group of laypersons participate in deciding cases brought to trial. Insufficient intellect (a jury cannot follow complex cases). We have compulsory education for nine years, after which some students stop school, but much more go on with Answer (1 of 3): I practiced law in Canada and the US. Traditionally‚ the jury system has been viewed as a cornerstone of common law procedure. The main advantage of a grand jury, consequently, is that it provides a system for conducting a legally-binding "dry run" before a formal and protracted criminal trial takes place. William the Conqueror introduced the jury system into England in 1066 after the battle of Hastings. In an adversarial system, the parties are responsible for presenting evidence before passive and neutral trial judge or jury. . Experiences or moral sentiment this means it really isn & # x27 t. Ponting, the use of the democratic process means juries often reach verdicts based. Jury vetting goes against random selection. THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY The jury system of a trial is an essential element of the democratic process. Early jurors in England had different roles compared to the jury system in the 1. Jury deliberation guidance. It may be that one or two on the jury don't believe the witness or the defendant but that . Most lawyer would readily assent to the generalisation that jury is sol judg of all questions of fact and the jury itsel i invariabl told that i is; bus a generalisation that, when one stops to think more about it, i found nee a goo deal of qualifying. Within advantages of the jury system uk community things clearly so that the general public can understand and follow the proceeding Henry. Discuss the advantages of using jurors in the criminal justice process. List of Pros of the Jury System. The jury may be influenced by the judge or barristers. Talk of abandoning the jury system for certain 'less serious' offences and having 'judge-only trials' would be, in our view, a mistake and illogical. In the year to September 2015, 1.7 million offences were dealt with through the courts. As a group they are the judges of the facts, so they weigh up the evidence, then apply the law as directed by the judge. A jury trial presents a disadvantage for defendants when prejudice is an issue. Global Politics A. Heywood. Jury equity- decide on fairness and not the word of law. Learn faster with spaced repetition. 394. Let me highlight some very important advantages of the system having juries. It is entirely the Prosecutions show and they use it well to get an indictment most of the time. If one person is rendering a judgment, it is much easier to question their authority to make that decision. Although juries are very important in the criminal justice system, they actually deal only in a minority of the cases. It Eliminates Bias in the Justice System: The Inquisitorial system favours no one in the determination of each case, no matter the position or class. Study 5.1.6 Strengths and Weaknesses of the Jury flashcards from Sam Jones's class online, or in Brainscape's iPhone or Android app. Our system of checks and balances means that the judicial branch of government is equal to the other two branches (executive and legislative). The jury trial is often considered to be one of the most controversial elements of the criminal justice system in UK and Wales. Jury equity is a key advantage. Trial by jury is the most venerated and venerable institution of Anglo-American law. It is a judgment that the general public is willing to accept. Advantages. The other area where, those cases are seen is in the Crown Court where juries are used, they are part of the criminal justice trial process. Justices have their own personal views and values. You will meet . 1. Advantages & Disadvantages of the Jury System. Prior Jury Service 144 Jury panels and juries 145 Juror selection in open court 151 Summary 153 Chapter 6. There are pros and cons to the English system of jury trials. jury should always be impartial due to the way that they are selected. of this institution, out of which trial by jury grew, two points are at any rate clear. According to figures out this week, the court system in England and Wales is approaching collapse. By having a jury for the case, the fate of the . Essentially, we can all learn from the mistakes of . (2) This system was in England, from the first, worked in close combination with the previously This chapter explains the rules on eligibility for, and disqualification or excusal from, jury service. statutorily "ineligible" for jury service and "excusable as of right", by the Criminal Justice Act 2003. Although it dates from 1215, it did not come about as a result of Magna Carta, but rather as the consequence of an order by Pope Innocent III (1161-1216). It is of more than eight hundred years old, and it enables all citizens to get involved directly in their communities. Bench trial, in which a judge for over 800 years are . The cost of the system is insignificant, the delay caused by the system is minimal, and the value is immeasurable. Emotional involvement. 3. Effectiveness of the jury. 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. It considers issues such as the power of the jury to . 2. Opponents of jury trials contend they are inefficient and ineffective. BTEC Level 3 National Public Services Student Book D. Gray, T. Lilley. It is secretiv. The cons of the trial by jury include the vetting process that precludes a random selection of individuals as well as lack of ability to assess the bias of the jury after the verdict . First, of foremost, the strength of the jury system is that it representativeness the general folk in the legal which is a responsibility of everyone (qualified and has never been detained) to serve in civic duty as a citizen. Also see: Advantages and Disadvantages of Judicial Precedence. A jury is a group of 12 people aged between 18 and 70 who have been randomly selected from the electoral . The Jury System is a crucial aspect of the Canadian legal system because it ensures that the jurors are equitable. The jury is seen by some as an unfair and time-consuming process, a 'luxury' placing an expensive burden on the state (albeit it operates in only 1% or 2 % of criminal . This promotes greater community confidence in and respect for the law. If you think that you might enjoy jury duty, take some time to learn about the advantages and disadvantages. The way the jury system works is that as the jurors are summoned through the electoral roll, then . This ensures that the general public are represented in the criminal justice system. This was put into place when Edward Bushell appealed against his treatment as a juror and he won the right for the jury to be able to come to their own decision even if the judge does not agree (Bushell's case 1670). 1.5 Jury impropriety 4 1.6 Impact of media coverage and the internet 5 1.7 Main research questions 6 2. A jury is chosen at random from people on the electoral register. The project conducts empirical research with actual juries at Crown Courts in England and Wales, tackling sensitive and controversial issues for the first time, including: Juror internet use. The Judicial System of England and Wales: A Visitor's Guide. Discuss the advantages of using jurors in the criminal justice process. However, they must make this charging decision understanding that a . It is a great pleasure to be able to address you on how we in the United Kingdom involve citizens in the criminal process. Advantages Of The Criminal Trial Process Law Essay. 1 The criminal justice system (the system) in England and Wales investigates, tries, punishes and rehabilitates people who are convicted or suspected of committing a crime. Google Scholar Doubts about the merits of the lay assessor system are expressed in a study of the English jury system . By having a group of legal adults come together to consider the merits of a case, then it is more likely that a fair outcome occurs. However, Magna Carta's iconic reference to 'the lawful judgment of his peers' as a precondition for loss of liberty has helped in later centuries to . The Pros of the Jury System. Thirdly, the jury system is seen to be an open system of justice, meaning that a jury makes the legal system more open. Lawyers explain things clearly so that the general public can understand and follow the proceeding. Trial by jury is an efficient system itself. As jurors are not legal experts they are not bound to follow precedent, do not have to give reasons for their decision and therefore can decide a verdict on the basis of fairness. This means that part of our population is looking at itself and understanding its own actions, while performing a legal duty that allows the legal system to work properly. Juries were abolished in 1969 because the all-white jury system was seen to be prejudicial towards black people, but a mixed race jury would have been a political . Jury trials go back as far as the 11th century with the history of the Norman Conquest in the UK. There are also public and private schools in each level. Trial by jury has a number of advantages, but also a few pitfalls. The jury system has an approximate 800 years of history. The second answer is that the jury system is not something tha wa planned . A jury is able to bring the standards of the community to play in the matters which it considers. The jury trial is a vital part of America's system of checks and balances. There are also some people who can choose not to be on juries, such as people who care for . This is evidence that the UK system does not contravene Art 6 of the European Court of Human Rights. A jury is a group of 12 people aged between 18 and 70 who have been randomly selected from the electoral . Strengths and Weaknesses of the Jury: One strength of the jury is that they can be considered an independent 'fact finding body'. William the Conqueror introduced the jury system into England in 1066 after the battle of Hastings. Thirdly, the jury system is seen to be an open system of justice, meaning that a jury makes the legal system more open. Henderson, L. Neasham . The running joke is that the grand jury will indict a ham sandwich at the prosecutions request. Allows the public to take part in the administration of justice. Unlike hospitals and schools, courtrooms get no . As the press release said "Judges, politicians, vicars, bishops, doctors and Lords will, from today, be able to sit on a jury…the legislative changes significantly increase the number of people who can now do jury service… Benefits to Jurors • Serving on a jury is the most direct and impactful way for citizens to participate in the process of governing. Module: Law (M000) Introd uction. That means the advantages of a jury system have been viewed as outweighing the disadvantages of it for over 800 years. Expense. As illustrated by the case of Ponting, the defendant had . The jury system uses a specific group size to help reduce bias. What are the benefits of a grand jury? A2 US Government and Politics A.J. But generally there is one system. English Legal System, taking into consideration, "trial by jury is more than a n instrument of. juries have a greater respect for the system when they leave. THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY The jury system of a trial is an essential element of the democratic process. Trial by Jury: Pros. (London 1968) p. 175. Jury nobbling is believed to be frequent, leading to wrongful acquittal. Practical Legal Skills R. Hyams, S. Campbell. Professor John Spencer . "Checks and balances" means that the judicial branch of government is equa l to the other two . 7. A jury is a group of men and women who sit in court, listen to evidence and decide whether the court had establish beyond reasonable doubt for criminal cases or on the balance of probability for civil cases, that the defendant had commit the offence charged. When defendants elect to have their trial before a jury in theCrown Court, it is an important decision because the large proportion of people facing a criminal allegation and prospect of a trial . The Advantages and Disadvantages of the Current Jury System in the UK The UK jury system has its share of advantages and disadvantages. 750 Words3 Pages. It will do this by looking at the structure and the pros and cons of each system. 9 Pages. Public Confidence - fundimentals of a democratic society. We have also witnessed with While the jury is not required to actually render a decision, your decisions will definitely impact the outcome of the case. As illustrated by the case of Ponting, the defendant had . 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