In the wake of the
Vicky Pryce fiasco there are, I think, going to be those who will question the
legitimacy of juries and the jury system. After all, we are one of the few
countries on the planet to trust the business of upholding the law to “twelve
good men and true”. France ,
for example, long ago gave up on juries in favour of judges making the decision
about innocence or guilt. Some people have already suggested that we should go
down the same route.
I’m not a big fan of
this idea.
I will admit that the
questions posed by the jury in the Pryce case – for example, “are we allowed to
speculate on what the accused might have been thinking?” and “are we allowed to
base our decision on evidence not presented in court?” – weren’t the best
questions ever. I mean, I’m only a journalism student with a very small
understanding of British law and even I know those aren’t brilliant
questions. But the point still remains
that if ever I find myself accused of a crime I would rather have twelve, not
incredibly bright, but everyday sort of people, deciding my fate than a judge
with thirty years of legal experience behind him.
This is not to say that
I believe that judges have no place in the English legal system, because they
obviously do. We need someone with legal expertise and a knowledge of precedent
to ensure that a trial is conducted properly and to decide what the sentence is
going to be when a person is convicted. But when someone is charged with trying
to decide whether I am guilty or not, I want someone with the human touch, not
someone coming at it from a purely legal perspective.
This is what I call the
Twelve Angry Men principle. In that film if it had been left up to the judge I
suspect that based on the purely circumstantial evidence presented, then the accused
would have been found guilty and executed. But because there was a jury
involved they were able to review the evidence from an outside perspective,
bringing in their own experiences, knowledge and understanding of social
situations and were able to prove the boy innocent. If ever I was accused of a
crime, either falsely or legitimately, that is the way that I would want my
fate decided, by twelve people with no preconceptions, no bias. Of course I
know that’s not how it is (everyone is biased), but a guy can pretend.
I can understand why
people will be suggesting that we need to get rid of juries if the jury in the
Pryce case are representative of all juries. But even if they are, I still
maintain that it is the best system that we have come up with for deciding
whether someone is guilty of a crime.
It’s certainly better than leaving it up to one man and trusting him to
make the right decision. In the end, I would feel much more comfortable in the
role of jury, rather than the position of executioner.