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| Jurors 'struggle on legal issues' | Jurors 'struggle on legal issues' |
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| Two-thirds of jurors in criminal trials do not fully understand a judge's legal directions, a study of juries suggests. | Two-thirds of jurors in criminal trials do not fully understand a judge's legal directions, a study of juries suggests. |
| Some jurors were tempted to search online to find out more about the case they were hearing, the two-year study for the Ministry of Justice said. | Some jurors were tempted to search online to find out more about the case they were hearing, the two-year study for the Ministry of Justice said. |
| However, it concluded that the system in England and Wales was fair and free of racial prejudice. | However, it concluded that the system in England and Wales was fair and free of racial prejudice. |
| Researchers spent two years analysing 68,000 verdicts, questioning jurors and staging simulated trials. | Researchers spent two years analysing 68,000 verdicts, questioning jurors and staging simulated trials. |
| The simulated trials included looking at whether jurors understood the legal directions given by a judge to help them understand exactly how a defendant could have committed an offence. | The simulated trials included looking at whether jurors understood the legal directions given by a judge to help them understand exactly how a defendant could have committed an offence. |
| It must always be remembered that juries considering their verdict can ask the judge for clarification of any aspect of the case Lord Justice Thomas | It must always be remembered that juries considering their verdict can ask the judge for clarification of any aspect of the case Lord Justice Thomas |
| The research team asked some jurors at Winchester Crown Court to recall two specific and key questions that the judge gave in a case where a defendant was charged with violence but claimed self-defence. | The research team asked some jurors at Winchester Crown Court to recall two specific and key questions that the judge gave in a case where a defendant was charged with violence but claimed self-defence. |
| Almost 70% said the judge's direction was easy to understand but only 31% of them then correctly recalled the two legal questions on his right to defend himself. A fifth did not recall either of the key issues. | Almost 70% said the judge's direction was easy to understand but only 31% of them then correctly recalled the two legal questions on his right to defend himself. A fifth did not recall either of the key issues. |
| Study author Professor Cheryl Thomas said the findings did not necessarily mean juries were returning unjust verdicts because they often translated legal language into words they more readily understood. | Study author Professor Cheryl Thomas said the findings did not necessarily mean juries were returning unjust verdicts because they often translated legal language into words they more readily understood. |
| Study author Professor Cheryl Thomas | Study author Professor Cheryl Thomas |
| "When jurors are only instructed orally by the judge about the law that they have to apply, they are much less likely to be able to recall the specific language that the judge used," said Professor Thomas. | "When jurors are only instructed orally by the judge about the law that they have to apply, they are much less likely to be able to recall the specific language that the judge used," said Professor Thomas. |
| "We need to really focus on giving the jury the best tools to do that job and if that means using written legal instructions alongside oral instructions then this is something that needs to be seriously considered." | "We need to really focus on giving the jury the best tools to do that job and if that means using written legal instructions alongside oral instructions then this is something that needs to be seriously considered." |
| In November 2008, the Lord Chief Justice suggested that a younger internet-savvy generation was more comfortable reading than listening, raising questions about how to best verdicts could be reached. | In November 2008, the Lord Chief Justice suggested that a younger internet-savvy generation was more comfortable reading than listening, raising questions about how to best verdicts could be reached. |
| HAVE YOUR SAYEither we, as a nation, are sliding down the scale of basic intelligence or the legal system is employing terminology that is unintelligible to most peopleAndrew, Birkenhead Send us your comments | |
| Lord Justice Thomas, deputy head of criminal justice, welcomed the report and said senior judges were working on how to better present legal directions. | Lord Justice Thomas, deputy head of criminal justice, welcomed the report and said senior judges were working on how to better present legal directions. |
| "The Judicial Studies Board now recommends that written directions be given to juries in all but the most simple of cases and will consider, in detail, the recommendations made in the report. | "The Judicial Studies Board now recommends that written directions be given to juries in all but the most simple of cases and will consider, in detail, the recommendations made in the report. |
| "It must always be remembered that juries considering their verdict can ask the judge for clarification of any aspect of the case." | "It must always be remembered that juries considering their verdict can ask the judge for clarification of any aspect of the case." |
| Online checks | Online checks |
| The study also examined the media's impact on juries and found that while in most cases stories faded from memory, some jurors in high profile trials struggled to put them out of mind. | The study also examined the media's impact on juries and found that while in most cases stories faded from memory, some jurors in high profile trials struggled to put them out of mind. |
| It said a small proportion of jurors admitted to going online to find out more about their case, sometimes out of a misguided attempt to do a better job. | It said a small proportion of jurors admitted to going online to find out more about their case, sometimes out of a misguided attempt to do a better job. |
| In other findings, the report concludes that all-white juries do not discriminate against ethnic minority defendants - and that more than half of juries convict in rape cases. | In other findings, the report concludes that all-white juries do not discriminate against ethnic minority defendants - and that more than half of juries convict in rape cases. |