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EHJ July 2004
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Julie Barratt looks at why juries are so important and
illustrates the challenges local authorities face in trying
to get them on their side
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What is the purpose of a jury? Robert Frost once said, "A
jury consists of 12 persons chosen to decide who has the better
lawyer", and all too often that is not a million miles from
the truth.
The role of the jury is to listen diligently to the evidence,
to consider the judicial summing up of the case, and to decide guilt
or innocence entirely upon the facts and evidence that they have
heard. That is the theory anyway. In practice, the jury decides
within the first five minutes of the case who is guilty and who
is not. They decide which witnesses they like (like, not believe)
and which barrister they prefer (not like, they don't like either,
but they may prefer one to the other). From there onwards, it is
just a case of killing time until they can retire to keep everyone
on tender hooks while they come to the decision they arrived at
on day one, in the first five minutes.
Sadly, that is not too far from the truth. Studies seem to show
that juries rarely engage fully with the case. An example is a recent
case in which a juror was found to be in contempt for filing her
nails during the presentation of evidence.
A more extreme example comes from the United States, where an
obscenity trial was brought to a halt during a courtroom showing
of the pornographic film Maximum Hardcore 7, when a member of the
jury fell asleep. The judge declared a mistrial, that "justice
requires the evidence to be reviewed and considered in its entirety".
In truth, both the prosecutor and the defence are desperate to
get the jury on their side. The minute you lose the jury, you risk
losing everything. For local authorities, it is doubly difficult
because it is necessary to break down the prejudice that exists
against the council, and to prevent the jury taking what may be
their one and only chance to frustrate the council, as it has, in
the past, frustrated them.
Getting a jury on your side requires a certain amount of stealth.
Juries have a pretty boring job. They listen without comment and
are sent out when there is a legal point, so they miss out on it.
The judge invariable tells them to disregard the stuff that they
would most like to have regard to, and then at the end of the trial,
one of them gets to say five words, at most. Nothing wins them over
like exhibits, which they can take back to the jury room and pore
over at length. We are talking about simple exhibits here, not massive
logs of computer data. Simple things like the bloodstained-knife,
photographs or bags of "white powder" that can be passed
around and handled. The more horrendous the photographs (subject,
rather than quality) the better - and colour rather than black and
white.
Something in a tagged plastic bag is always good, so that they
have to fiddle with it to get a clear view, and anything sealed
in a plastic box that they are specifically warned against opening
is worth its weight in legal aid cheques.
The serious issue is that it is essential that the jury understand
the case, and that they remember the important points when they
retire to the jury room. The best way to do this is to give them
articles of real evidence, in the form of photographs, plans or
maps of the location, and real things that they can look at, weigh
in their hands and scale against the rest of the scene.
Trainers constantly point to the value of training aides in getting
a message across to students, and the same is true of a jury. The
easier it is for them to understand an issue, or see it in their
minds' eye, the more likely they are to remember it.
Conversely, the more difficult it is to understand a point, the
more frustrated they become, and their frustration is taken out
on the side making things difficult for them. It is an exceptional
jury that will flog their way through hours of turgid evidence to
find the truth behind it.
Many cases prosecuted by local authorities lend themselves to jury
pandering. Counterfeiting and passing off cases generate real evidence,
and health and safety, illegal meat, housing and even pollution
cases usually make for good photographs.
Juries are not hardened to evidence in the way that local authority
officers are. Showing them the evidence as it is can say more to
them than a witness ever can, and more importantly can make them
remember it. Michael Belmore said that juries are to be coaxed,
teased and lured towards a verdict that they cannot resist, and
that is about right.
Julie Barratt is director of CIEH Wales
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