Should juries obtain their conscience?. By Edona Hysa.
Purpose of juries. Robert C Palmer Maintaining the constitution Maintaining a limitation of governmental power Role is discretionary “worrying and hopeful” Conscience- moral ground of right and wrong and an acting guide to decisions..
Figures of society. Colston four: Four defendants charged with criminal damage Removing the statute of Edward Colston “one of the most virtuous and wise sons” Acquitted by a jury describe them as normal people who used their own conscience to drive their decisions to remove statutes which belittled the growth in society. Ken Macdonald QC: “It is difficult to think of a case more appropriate to be decided by a randomly selected panel of local people. Juries have always been given the space to do what they think is right, sometimes by using their verdicts to assert changing values or to push back against abuses of power. This dispensation has served our country very well over the centuries, and ministers would be very foolish to try to challenge it”.
Conscience affected by exterior elements?. Colston four had more media coverage then typical cases Jurors differ from case to case- Article 6 (1) of the European Convention on Human Rights Right to a fair trial Do large quantities of media presentation breach a fair trial under Article 6? Mustafa Kamal Mustafa (Abu Humza) (No.1) v United Kingdom Using judges to encourage ignorance to the press.
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Conscience used to eliminate political motivation.
Conclusion. Juries should use their conscience What can be done to protect a jurors conscience? Reduce obstructions Encourage a reduction in media.
Bibliography. Cases: Hauschildt v. Denmark 10486/83  ECHR Mustafa Kamal Mustafa (Abu Hamza) (No. 1) v. the United Kingdom 31411/07  ECHR Statutes: Article 6(1) of the European Convention on Human Rights Section 36, Criminal Justcie Act 1972 Articles: ' Suella Braverman Accused Of Politically Driven Meddling Over Colston Four' ( the Guardian , 2022) Books: Allbon E, and Kaur Dua S, Elliott And Quinnʹs English Legal System.