This essay will discuss the flaws with the current jury system regarding ethnic composition and racial bias, the proposal for ethnically balanced juries and the debate on whether such proposals are feasible.

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Introduction

The ethnic composition of juries has long been a controversial issue. This essay will discuss the flaws with the current jury system regarding ethnic composition and racial bias, the proposal for ethnically balanced juries and the debate on whether such proposals are feasible.

The Problems with the Jury System

A jury usually consists of 12 lay people chosen at random from the electoral register. In criminal cases, the jury is required to give a verdict based on the facts, where the judge will direct them on the points of law. Ideally, the jury should consist of different people from different background and trial by jury should be democratic and fair. However, many would agree that this is not the case in reality. In the current system, it is not uncommon that all of the 12 jurors are white, most of them are middle-aged, and from the middle-class.1 It is therefore not fair to ethnic minorities as the jury may not always represent their ethnical background and there might be a presence of racial discrimination or bias which affects the verdict. The Runciman Commission and Lord Justice Auld support the idea of having ethnically balanced juries2, but