To what extent does random selection of jury members create bias and would jury selection provide a solution?

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To what extent does random selection of jury members create bias and

would jury selection provide a solution?

The theory behind the UK system of random selection is based on many

assumptions. Firstly that randomness produces a representative sample

of the population, which will provide verdicts, representative of the

general public. It is assumed that if one juror has an apparent

prejudice, then those in other jurors will counter it and so bias does

not occur in this system[1]. Another assumption is that having “12

good men and true”[2] randomly selected into the jury “strengthens the

legitimacy of the legal system.”[3] However, it is clear that

randomness does not provide representativeness and not all jurors are

good and true. By implication a random sample can be all white, all

black, all Asian, all young, all Liberals or all members of the BNP[4]

and so not representative of the population. Penny Darbyshire wrote

an article in 1991[5] stating that instead of being representative,

the jury was actually “an anti-democratic, irrational and haphazard

legislator, whose erratic and secret decisions run counter to the rule

of law”[6] and by overlooking the law in an attempt to gain justice,

innocent people may end up being convicted. This is undoubtedly going

to produce biases in the way jurors produce a verdict. R v Ponting

(1985)[7] proved that when juries were convinced about what justice

was meant to look like, they were unlikely to listen to what the judge

has ruled and so rule as to what they believe is right. This essay

will examine the biases created by random selection and decide whether

jury selection would prove to be...

... middle of paper ...

...riminal Law Review (1991, Crim LR 740) as cited

by Slapper, G. and Kelly, D., The English Legal System, 7th Edition,

(London: Cavendish, 2004).

[6] Id.

[7] Supra at note 2. The defendant was charged under the Official

Secrets Act 1991 and although the judge ruled that there was no valid

defence the jury refused to convict him.

[8] http://www.hayesfield.co.uk/law/Revision/Juries.doc

[9] Lord Denning, What’s Next in Law? As cited by

http://www.hayesfield.co.uk/law/Revision/Juries.doc

[10] Supra at note 2.

[11] Ingam, T., The English Legal Process, 10th Edition (Oxford:

Oxford University Press, 2004) p.224.

[12] Supra at note 2, p.1.

[13] Id.

[14] Id.

[15] Spencer, J. R., Jackson’s Machinery of Justice, 8th Edition,

(Cambridge: Cambridge University Press, 1989).

[16] Id.

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