I can only assume that in this case being unsuitable meant being of the wrong religion maybe? The jury only get to decide guilty or not guilty of what they're asked, they cannot suggest a new charge for the prosecution to level. I really don't see how this is a sign of a flaw in the jury system, just sounds like poor prosecution.They are looking at the Jury system in Scotland for things like this. It all kicked off after an accused walked free from court as a jury cleared him of assault against Neil Lennon even though it was caught on National TV coverage and he admitted the assault but denied any sectarian element. He actually stated he would plead guilty to Assault.
The prosecution would not drop the sectarian element off the charge and so, instead of finding him guilty of Assault and dropping the sectarian element themselves they cleared him of all charges.
Because of this, some legal professionals are asking for certain tests to be put in place to determine suitability for jury duty.
It's a very clear example of the limited power of a jury and the preciseness to which they have to act. Usually the judge will make clear what it boils down to as to whether they're guilty or not of the charge levelled at them. In a case I sat on it was an assault charge, and while everyone in the jury agreed the "victim" was probably more at fault and could also have been charged, by the letter of the law the defendant was guilty.
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