Page 872 - SUBSEC October 2017_Neat

02131020/CAPE/SPEC 2017

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(c) Advantages/benefits of the jury system

Trial by jury Trial by single judge
1. Personal bias A judge may have a personal
The size of the jury means it bias against the defendant
is unlikely that individual which may influence the outcome
prejudices could of the trial and result in an
significantly affect the unfair verdict.
verdict.
2. Values of the community A single judge may be out of
The verdict in a jury trial touch with the views of regular
may more accurately reflect society, and his/her decision
the views of the community may not reflect the values of
and society as the jury is the community as a whole.
taken from a sample of
members of the public.
3. Perception of fairness and The community may feel that the
justice verdict is unfair since the
The common man may feel he judge as a legal expert may be
gets the kind of justice that out of touch with the social
he thinks is fair since he is reality of the common man.
judged by his own peers.
Thus the verdict is more
likely to be accepted by the
defendant and the community.
4. Lack of legal training and Judge may be hardened and
experience of jurors allows cynical after years of legal
them to bring a fresh outlook training and experience.
to the trial.
5. Trial by jury helps to The people are not willing to
maintain public confidence accept a doubtful decision made
and trust in the justice by a single judge.
system as society is ready to
accept the decision which
comes from its own group.
6. The jury brings the whole The power of the citizenry is
power of the citizenry to removed from the administration
bear upon the administration of justice.
of justice.

 Any other relevant point

Any four points clearly explained with comparison 3 marks
each
[12 marks]
Any four points clearly explained without comparison 2 marks
each

Weak explanation 1 mark each

Coherence [3 marks]

[15 marks]

Total 25 marks