juries
1. Why are juries important in the adversarial system?
Juries are a panel of citizens selected randomly from the electoral role to determine the guilt or innocence of the accused, thus are a fundamental part of how the adversarial system functions. The right to a trial by jury is enshrined by the right to a fair trial. Juries enable a fair trial as they are members of the community who are making an impartial judgement based on what the two opposing sides presents to them, hence they are less prone to bias and bigoted views enabling them to improve access to justice. When a verdict is made, it is often made unanimously so there should be no doubt on the jurors mine as to whether the accused is guilty or not. There are some circumstances, when a majority verdict takes place 11 against 1 or 10 against 1, but only if deliberation has surpassed a reasonable time ( usually 8 hours ), so this allows for a fairer system. Being such a fundamental part of the adversarial system, if a jury is unable to make a verdict, it becomes a hung jury in which the case is dismissed and a retrial is ordered therefore ensuring that there is an equal opportunity for each party to present their side of the case and know that an impartial judgement will be made. Overall, since the right to a fair trial is significant in the adversary system, the juries are a pivotal reason as to how natural justice is achieved.
2. Discuss the role of juries in the criminal justice system?
Juries are considered to encompass a fundamental role of the criminal justice system, however , there are setbacks regarding their role in determining whether the accused is guilty or innocent. Juries are a representation of public confidence, as the right to be tried by peers has people confident that their impartiality and fairness does improve access to justice. Impartiality of the jury is supported by the process of random selection which usually result in a cross-section of society, therefore prejudices are
Juries are a panel of citizens selected randomly from the electoral role to determine the guilt or innocence of the accused, thus are a fundamental part of how the adversarial system functions. The right to a trial by jury is enshrined by the right to a fair trial. Juries enable a fair trial as they are members of the community who are making an impartial judgement based on what the two opposing sides presents to them, hence they are less prone to bias and bigoted views enabling them to improve access to justice. When a verdict is made, it is often made unanimously so there should be no doubt on the jurors mine as to whether the accused is guilty or not. There are some circumstances, when a majority verdict takes place 11 against 1 or 10 against 1, but only if deliberation has surpassed a reasonable time ( usually 8 hours ), so this allows for a fairer system. Being such a fundamental part of the adversarial system, if a jury is unable to make a verdict, it becomes a hung jury in which the case is dismissed and a retrial is ordered therefore ensuring that there is an equal opportunity for each party to present their side of the case and know that an impartial judgement will be made. Overall, since the right to a fair trial is significant in the adversary system, the juries are a pivotal reason as to how natural justice is achieved.
2. Discuss the role of juries in the criminal justice system?
Juries are considered to encompass a fundamental role of the criminal justice system, however , there are setbacks regarding their role in determining whether the accused is guilty or innocent. Juries are a representation of public confidence, as the right to be tried by peers has people confident that their impartiality and fairness does improve access to justice. Impartiality of the jury is supported by the process of random selection which usually result in a cross-section of society, therefore prejudices are