Keeping the Jury: A Crucial Safeguard for Justice?

In a recent consultation with a large law firm, the conversation turned to the contentious issue of potentially removing trial by jury for certain cases. 

As expected, opinions varied widely, underscoring the complexity of this topic.

At ETC, we work alongside organisations such as Project ReMAKE, which tirelessly advocate for those who have been ‘through-the-system.’ 

Having consulted with the Department of Justice on bridging the widening gap between Judiciary Leadership and public perception, I’ve seen first-hand how vital juries are to our justice system, to the perception of our system and the checks & balances the system often needs.

Why We Need Juries: The Top 3 Reasons

Common Sense and Community Insight

 Juries bring together a diverse group of individuals from various backgrounds, offering a collective wisdom that is often absent in institutional decision-making. They analyse evidence through the lens of everyday experience, applying common sense to complex legal arguments. This community perspective ensures that decisions are not made in a vacuum but reflect societal values and norms, fostering a sense of justice that resonates with the public.

Checks and Balances on Power

 The jury system serves as a critical check on governmental power. In a world where institutions can sometimes lose touch with the realities faced by individuals, juries act as a safeguard against potential abuses. They provide ordinary citizens with the opportunity to hold powerful entities accountable, ensuring that legal outcomes are not solely dictated by those within the system. This is especially important in criminal cases where the stakes are high, and the consequences can profoundly affect lives.

Nuanced Understanding of Circumstances

 Legal cases are rarely black and white; they often involve a spectrum of emotions, motivations, and complexities that require careful consideration. Juries are uniquely positioned to appreciate these nuances, weighing the emotional and contextual aspects of a case in ways that judges or institutional panels may not. By allowing juries to deliberate, we ensure that justice is not only served but is also perceived as fair and empathetic.

The Message: Keep the Jury at All Costs

The trial by jury is not just a legal formality; it is a fundamental pillar of our democracy. By removing this essential element, we risk undermining public trust in the justice system. Juries are often the last bastion of common sense, evidence analysis, and compassion in a process that can feel overly clinical and detached.