Two high
profile cases have brought Juries into the news over the last few days.
I have
never sat on a jury. Up until a few years ago lawyers were banned from jury
service because it was feared that they might exert some influence. That was
changed a few years ago and I know a few people including a judge who have been
summonsed. I’m sure it would be fascinating to see the workings of the courts
from a different angle. I await the call and will be read to go.
The first
of the two well known cases has been the trial of Vicky Pryce in the Chris
Huhne penalty points case –
Her jury
were discharged after failing to reach a verdict and she now faces a retrial –
It has been
suggested that the jury were somehow at fault because they failed to grasp ‘the
basics of their task.’ This could add ammunition to those who would like to see
that system abolished with cases tried by judges alone. This would be a big mistake.
Whilst we cannot comment on this particular case pending a retrial, a jury has
to do its best to reach a verdict based on the facts. We have a person’s
liberty at stake here and if they are not able to reach a verdict then so be
it. Whilst a retrial involves more cost it is still the fairest system for
getting to the facts of a case. Hundreds of cases are tried in this way and
there will always be cases where they cannot agree. That does not mean that the
system itself is at fault.
We have had
jury trials for hundreds of years and a person’s right to be tried by a group
of ordinary citizens is one that we should defend to the end – even if there
are occasional inconveniences.
The other
case concerns Oscar Pistorius who is accused of murdering his girlfriend Reeva
Steenkamp. He will not be tried by a jury. The system was abolished in South Africa during
the apartheid years. As there were only ‘white’ juries there was no certainly
that a black defendant would get a fair trial –
So the
familiar reporting restrictions will not apply as a judge will not be expected
to be influenced in the way that a jury would. In this country that would be
anomalous as a judge can now sit on a jury!
It will be
interesting to see how the two cases compare.
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