法則 Ep 8

Another law post, comin' up!! :D

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Question:
Evaluate the view that any advantages of the jury system are far outweighed by its disadvantages.

Answers:

The jury system has long since been a system used in courts, typically when judging criminal offences. A jury usually consists of 12 people, selected at random. However, much care is taken so as to refrain from choosing anybody who is not qualified to be a juror.

This system has also gained much confidence from the people in a sense that is it has sort of become a reliable method of settling cases. It is seen as such because a large majority of people disapprove to the disagreement of right of rial by jury for 'minor' thefts.

However, it is generally stated that the advantages of the jury system are far outweighed by its disadvantages. To a certain extent, it is unfortunately true.

For example, an advantage of the jury system is the secrecy of the jury room. Since nobody is allowed to enter the room, the jurors are free from pressure and strain of choosing the right verdict. Jurors also get to discuss the evidence they have heard in private.

Unfortunately, it is also for this very reason that it is a disadvantage. Since nobody is allowed in the room other than the jurors, it is debatable whether or not the jurors understand the case evidence and facts.

A second advantage is that since the selection is pretty much random, the jurors' personal biases and prejudices are likely to cancel each others' out. Therefore, there is a possibility of a fair trial.

However, this is also a disadvantage because it is possible for a jury to consist of more biased and prejudiced people. In such an event, there is a possibility of a very unfair trial.

Other disadvantages include media influence, which may have an effect on the decision of the jury. There may also be the issue of jury tampering, in which friends or family members of the defendant or claimant speak to the jurors and influence them. Apart from that, long trials may tire and put a strain on the jury emotionally, causing them to be unable to judge properly.

There is also the possibility of a restless jury, in which the jurors do not really care for the facts and would rather have the case end fast. They then begin to take no notice of the key evidence and instead act on hunches and assumptions.

In conclusion, Lord Devlin once said that the jury is the 'lamp that shows that freedom exists'. However, while it is definitely true that the jury system has advantages, it is more so to say that its advantages are far outweighed by its disadvantages.

Marks: 20/25

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I thought I could do better than a 20. But screw it. I have to remind myself that it's Carl who's marking my paper so... -.-

Another Law post on its way!!

CIAO!!

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