News In Focus
17 February 2010
Two thirds of jurors don't follow directions, study suggests
Two-thirds of jurors in criminal trials do not fully understand the trial judge's legal directions, according to a study published today based on research carried out in England & Wales.
The researchers concluded however that the system south of the border is fair and free of racial prejudice.
The two year study for the Ministry of Justice involved an analysis of 68,000 verdicts, putting questions to individual jurors and the staging of simulated trials at Crown courts in London, Nottingham and Winchester.
When jurors were asked to recall two specific key questions in the judge's directions in a case involving a defence of self defence, almost 70% said the direction had been easy to understand but only 31% of them correctly recalled the two questions. One fifth did not recall either. When a written summary of the direction was provided, 48% gave a correct version.
Tools for the job
Researcher Professor Cheryl Thomas said the findings did not necessarily mean juries were returning unjust verdicts, as they were likely to translate legal language into words they more readily understood, especially when they were given oral directions.
She added that there was a need to focus on giving the jury the best tools to do its job, and using written instructions alongside oral directions might need to be seriously considered.
The research also examined the impact of the media and found that some jurors in high-profile trials struggled to put the media coverage out of their mind.
A small proportion of jurors admitted to having gone online to find out more about their case.
Lord Justice Thomas, Deputy Head of Criminal Justice, welcomed the report and said senior judges were working on how to better present legal directions.
He added that the Judicial Studies Board in England & Wales now recommended that written directions be given to juries in all but the simplest cases and would consider, in detail, the recommendations in the report.