Criminology Unit 3 - 2.5 - Discuss the use of lay people in criminal cases
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Course
Unit 3
Institution
WJEC
Criminology Unit 3 - 2.5 - Discuss the use of lay people in criminal cases
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2.5 Discuss the use of lay people in criminal cases
Laypeople are unprofessionals working in the legal system, and they do not have the
specialised knowledge of the law or legal system. They are able to work in two roles:
jury or magistrate.
Juries
The jury's role is to decide a verdict in a case presented by the crown court. The
prosecution and defence both present evidence, and the jury retires to the juror’s
room to decide whether the evidence suggests guilt or innocence, and they must
be convinced beyond reasonable doubt. Under the Criminal Justice and Courts Act
2015, it is an offence for the jurors to discuss their verdict and how they came to it,
unless they are reporting another juror for misconduct.
The eligibility for jury selection is found within the Jury Act 1974 and the Criminal
Justice Act 2003. For an individual to be eligible to be a juror, they must meet the
requirements which state that the individual must be aged between 18 to 75, be a
citizen of the UK, the Irish Republic or a British Commonwealth country, and have
resided in the UK, Channel Islands or the Isle of Man for a minimum of 5 years. Some
individuals may be disqualified from jury service, including those who are on bail and
those who have received a prison sentence for 5 years or more. If an individual
receives a prison sentence less than 5 years, they are disqualified from acting in the
jury for 10 years. Some people may be exempt from the legal requirement to attend
court, and this may be an exemption on medical grounds, or already agreed upon
events, such as a holiday which is already paid for.
Strengths
(preference- equity, tried by peers, secrecy, public confidence justice seen to be
done)
One strength of the jury system is jury equity. Jury equity refers to the freedom jurors
have to make decisions based on what is fair and moral, rather than a decision
based on law or precedents. It ensures that people who have legally committed a
crime, but for morally acceptable reasons are able to continue leading normal lives.
An example of jury equity is in the trial of Clive Ponting. Clive was a senior civil
servant during the Falklands war, and 3 years after the war, he leaked secret
Government documentation about the sinking of an Argentinian cruiser to an MP.
He was charged with breaching the Official Secrets Act 1911, and the Judge heavily
suggested the jury convict him as he has admitted to doing so. However, the jury
, acquitted him as he said acted in the public interest. Similarly, in the case of Kay
Gilderdale who helped her seriously ill daughter Lynn commit suicide. The CPS
charged her with attempted murder, but the jury accquited her.
In both of these cases, the jury have fought against the law and handed the
defendant an innocent verdict despite the fact they are obviously guilty. This is a
strength of the jury because it demonstrates how justice is upheld in different ways; if
the judge had considered the verdict the defendants would have been found guilty
under the law, but as the jury's verdict stands, the defendants cannot be charged
for the crime.
The right to be tried by our peers is a key part of court history and is viewed as a
democratic right. With there being 12 people on every jury, it means no one
individual is responsible for the verdict and allows for a more thorough examination
of evidence with numerous opinions considered. Therefore, if the defendant is found
guilty by 12 people who represent the UK population, with all opinions and evidence
considered, it is likely that the verdict is safe and of public opinion. As society
changes, the views of juries and what they accept as morally right or wrong will also
change, leading to a change in conviction patterns. Having 12 jury members also
reduces prejudice means no one person can be held accountable in the case of a
wrong verdict.
Another strength of the jury is secrecy. Jury deliberation is held in a separate, private
room, away from the influence of the public. This prevents the majority public
opinion influencing their decisions, and jurors feel confident that their deliberations
won’t be made accessible to the public. This may encourage the jury to choose a
verdict that is not popular with the public with the knowledge that they can't be
arrested or questioned about the choice they made. This also helps them be
impartial, upholding the right to an impartial jury.
Another strength of the jury system is justice is seen to be done. The function of the
jury is to allow the public a decision on the outcome of trials. The jury gets to hear
points of law from the Judge and arguments from both the defence and
prosecution which allows them to understand the case, and make a fair judgement
from this information.
A final strength of the jury is public confidence and democracy. The role of the jury
allows the upholding of democracy in our society, and for defendants to be judged
by peers, rather than the state alone allows there to be fairer trials. This idea is
supported by senior judge Lord Devlin who argued that the jury is ‘the lamp that
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