Jury Trial

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A jury trial (or trial by jury) is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. |Advantages |Disadvantages | |Provides certainty, no retrial (subject to recent reforms but only |On acquittal (оправдание) there can be no retrial (subject to recent | |for serious crimes). |reforms but only for serious crimes). | |Retrial available in tainted cases (nobbling) Section 54 Criminal |Jury nobbling believed to be frequent resulting in wrongful acquittals. | |Procedure and Investigation Act 1996. |  | |  |No enquiry allowed into jury deliberations after verdict, even if juror | |Section 51 Criminal Justice & Public Order Act 1994 creates offence |alleges racial or any other type of bias or wrongdoing by the jury. | |to intimidate or threaten to harm a juror. | | |Prosecution and defence "challenges" correct the problems caused by |Jury vetting is against the principle of random selection. | |random selection. | | |95% of cases dealt with by magistrates, so not a great cost as a |Expense of jury trial. | |percentage spent of the CJ system. |  | |  |Defendants manipulate the system. | |Public acceptability of jury decisions. | | |Perverse verdicts enjoy public respect. |Perverse verdicts undermine the principle of justice, and the rule of law.| |  |(and are actually very rare) | |Avoiding unjust law or precedents without breaking them. |  | |  |Defying the will of the democratically elected legislature. | |Perverse jury verdicts can provide a "criminal equity". |Juries return the wrong verdict - series of miscarriages of justice | |  |undermine confidence. | | |  | | |Jurors may be tempted to reach a quick verdict in order to get it over | | |with and go home. | | |  | | |Law on jury secrecy could allow the innocent to remain convicted rather | | |than make reasonable enquiries into how verdict was obtained (R v Mirza) | |Involvement of lay...
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