The Jury System Notes (Unit 1 Module 2)

The Jury System Notes (Unit 1 Module 2)

Dajanae Dawkins

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What is a jury?

a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.

Challenges to a Jury

Peremptory challenge- when the prosecution/defence lawyer challenges a juror without stating a reason

Challenge for cause- where you state a valid and legitimate reason for challenging a juror

Advantages

1.Public confidence in the justice system

-People are more likely to trust a system that involves a cross-section of their peers in decision-making, rather than just legal experts.

-learning experience

-once this is missing there will be a collapse in law and order

2.Check on judicial power

-Having a group of citizens decide a case can help protect against potential overreach or bias from the government or legal system, acting as a check on state power.

3.Scrutiny of evidence

-Since the case is presented to a jury of ordinary citizens, attorneys must present evidence and arguments in a clear and understandable way. This can encourage more thorough preparation and can help ensure that justice is not hidden behind overly technical legal language.

-judge of the facts

4.Representation of the community

-When people from different walks of life come together to deliberate a case, it can strengthen bonds within society. The process of working together toward a common goal helps build mutual respect and understanding.

5.Fairness

-The jury is taken from various places, occupations, statuses, etc thus the since it isn’t one group in the jury, there is a sense of impartialness and prejudices are likely to be neutralised

6.Allows accused to be judged by his own peers

Disadvantages

1.Potential Bias

-Jurors may bring their personal bias or prejudice to the case and thus may influence the verdict

2.Unpredictable Outcome

-Jurors bring different interpretations and analysis of the evidence and some may reach a particular verdict in one case, and another set reach a different verdict given the same facts. This is due to different interpretations, analyses and dynamics

3.Low Juror Turnout

-A major problem in Jamaica

-this leads to delays

-causes back lag of cases

-unwillingness of persons to volunteer to be jurors

-fear

4.Costly and Time Consuming

-The government has to pay the jurors a stipend to cover lunch and parking

-they have to give up time from work, family

-affects GDP

5.Jurors lacks legal expertise

-Not trained in the law and therefore can be challenging for them to analysis facts with law

-Not exposed to the law thus won’t come to the right verdict

6.Jurors are likely to pervert the course of justice

-Vybz Cartel Case

-Cane case

-likely to try to obstruct justice for example accepting bribes to lean a certain way.