.

Friday, July 26, 2019

English Legal System and Skills Essay Example | Topics and Well Written Essays - 500 words

English Legal System and Skills - Essay Example Jury selection is one of the features that identify its credibility in determining guilt. A random approach to selection reduces potential bias due to conflict of interest among decision makers, unlike in a formal court process in which a presiding judge or magistrate can be predetermined or compromised. Jury selection from the entire population makes it difficult to predetermine the final list of jurors. Juror selection process also provides for exclusion of people with certain traits, which could threaten credibility. Individuals who are under community service sentences and those awaiting trial can be excluded and this eliminates their potential bias due to their condition. People with suspected mental incapacitation or disorder can also be excluded and this eliminates possible irrationality. A jury service can also be deferred if a member of the selected jury faces a technical schedule and this ensures stability of jurors during decision-making. In addition, a juror can be challe nged, as occurred in the case of R v Gough, or even an entire jury, as was in the case of R v Fraser, in order to eliminate threat of bias. A vetting process also follows jury and ensures suitability of each juror for the task.1 (123-130) Advantages of the jury trial also support significance. It involves the public and is therefore likely to gain support from the people than formal proceedings. The public can also easily associate with jury trial and accept its verdict, a factor that is also significant to the correctional objectives of the criminal justice system because convicts are likely to accept their verdicts. The law may also contradict fairness and jury ensures equity instead to strict adherence to the law. In the case of R v Ponting, in which the accused was guilty under law but whose action had good intentions, acquittal was justified because of political stake that could take advantage of the law to

No comments:

Post a Comment