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Jurors struggle with legal directions

12:24pm GMT, Wednesday, 17 February 2010

While some jurors may have difficulty understanding legal directions, court cases in England and Wales are found to be fair and effective. While some jurors may have difficulty understanding legal directions, court cases in England and Wales are found to be fair and effective.

A study has found that although many jurors may not fully understand a judge’s legal directions, court cases in England and Wales are fair and effective.

Professor Cheryl Thomas carried out the two-year study, Are juries fair?, which analysed 69,000 verdicts and simulated trials.

Jurors’ understanding of proceedings was studied, and it has been suggested that having written directions concerning the law would help jurors in their understanding of the process.

It found that 60% of those who said written directions were extremely easy to understand correctly identified both legal questions, while only 34% correctly identified legal questions when given oral directions.

Professor Thomas said: “It is clear from the research that jurors want and need better information to perform this crucial role. The study recommends that all sworn jurors be issued with written guidelines explaining what improper conduct is, including use of the internet, and how and when to report it.

“The study also recommends that judges consider issuing jurors with written instructions on the law to be applied in each case. Both changes will help maintain the integrity of the jury system.”

The main difference the study found between male and female jurors was that “female jurors appeared tougher on defendants than male jurors before jury deliberations started but more open to persuasion to acquit in deliberations”. Male jurors were found to rarely change their view about a defendant, while 64% of women changed their views during deliberations.

The study found little racial discrimination within trials, with all-white juries showing no discrimination towards black and ethnic minority groups. In addition, court cases prove to be very effective and efficient, with juries reaching a majority verdict 99% of the time.

Around 400,000 people are summoned to do jury service each year and are legally obliged to carry it out as a public duty. Jurors are selected at random, and make up a group of 12 people who attend trials in the Crown Court, for cases such as murder, rape, assault, burglary or fraud.

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