There are several opinions as to whether jury system is necessary or not:
Arguments in support of jury system
Arguments in support of jury system
Several advantages have been claimed for trial by jury such as-
- Jury reflects the views of the society because of random selection from a wide rage of population.
- The opinion of the 12 juries is better than the single opinion of the judge. It will more likely to prevent the individual biases.
- Juries are barometers of public feeling on the state of law. There is no satisfactory alternative to a lay jury.
- The presence of the lay jury ensures that the proceedings are kept simple.
- Corruption related risks will decrease.
- Society control over the judicial system will increase.
- The institution will educate people, and the legal consciousness of society will grow.
Arguments against the jury system.
- The jury system is not suitable for the complex fraud cases and these cases very often cause problem for the lay jury.
- Juries are often unable to understand the more complex distinction in the law, such as the distinction between murder and culpable homicide.
- The jury has no qualified legal knowledge and is unable to weigh evidence properly and to understand certain complex matters.
- The unaccountability of the jury as against the democratic principles.
- Juries may be biased it is not possible to guarantee that there has been no tempering with the jury.
- The jury are unfamiliar with court procedure, some time decisions might be based on emotions rather than arguing.
- A jury system is very costly.
Is jury system necessary?
Reviewed by Hosne
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11:43 AM
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