Trial by Social Media: How Do You Find the Jury, Guilty or Not Guilty?

The Role of the Jury

In the UK, juries are made up of twelve individuals aged between 18 and 70 selected randomly from the electoral register and their role is to arrive at a verdict on the charge facing the defendant by considering questions of fact and applying the law to these facts (Herring, 2018). This random selection is intended to ensure that the twelve members of the jury represent a wide range of individuals in society. Every individual who is charged with a criminal offence within the European Union has the right to a fair trial by an impartial jury, under the Human Rights Act (1998). An impartial juror is free from bias and prejudice and is free from the influence of knowledge acquired outside of the courtroom (Surette, 1998). Pre-trial publicity surrounding criminal investigations can potentially destroy a defendant’s rights to a fair trial and if a court decides that the jury is prejudiced due to exposure to pre-trial publicity, proceedings may be adjourned or there may be a re-trial. Jurors are instructed that they are to decide the case based solely on the evidence presented within the courtroom, and that they must not conduct any independent research or discuss the case with any other person outside of the courtroom until deliberations are complete (Judicial Conference Committee, 2012). Mock jury studies involve participants acting as jurors and are used to research aspects of the judicial system where it is not possible or ethical to conduct research using jurors involved in real trials. Although mock jury studies have contributed much to the understanding of the judicial system, they have received some criticism relating to low ecological validity (O’Connell, 1988). However, a recent review argues that they can produce valid and reliable findings (Bornstein, Golding, Neuschatz, Kimbrough, Reed, Magyarics, & Luecht, 2017).