果冻影院

Black, Asian and Minority Ethnic (BAME) defendants consistently plead not guilty much more often than White defendants when charged with serious offences but are not convicted by a jury more often than White defendants, according to research by听Professor Cheryl Thomas, Director of the 果冻影院 Jury Project at 果冻影院 Laws and relied on in the historic听听on the treatment of BAME individuals in the Criminal Justice System.

Professor Thomas鈥� research examined all charges, pleas and jury verdicts for all defendants in the Crown Court in England and Wales over an 8-year period from 2006-2014.听 The finding on not guilty pleas formed one of the main reported findings of the independent Lammy Review, undertaken by the Rt Honourable David Lammy MP. This research helps to explain why BAME defendants are significantly more likely to receive a custodial sentence than White defendants charged with the same offences.

The Criminal Law Review has today published the detailed findings of Professor Thomas鈥� research which assisted the Lammy Review:听

鈥淓thnicity and Fairness in Jury Trials 2006-2014鈥�, [2017] Criminal Law Review, Issue 11, 860-876听听听(subscription required)

As the Lammy Review reported: 鈥淧lea decisions can make a critical difference to the way defendants are treated by the justice system 鈥� but there is a stark difference between BAME and White defendants.鈥�

Professor Thomas鈥� research found that in 11 out of 12 offence types, BAME defendants were more likely to plead not guilty than White defendants.听 For some offences, such as homicide, the disparity is extreme, with BAME defendants pleading not guilty 82% of the time compared with 32% for White defendants. (Read more on page 26 of the Lammy Review)

Defendants that plead guilty to offences can receive up to a third off their sentences. So White defendants convicted of the same offences as BAME defendants are much more likely to have their sentences reduced as a result of their guilty pleas.

BAME defendants appear to be more willing to put their trust in juries, and Professor Thomas鈥� analysis of every jury verdict in the Crown Court over 8 years showed that this trust is well-placed.

As the Lammy Review reported:

鈥淛uries are a success story of our justice system. Rigorous analysis shows that, on average, juries 鈥� including all-white juries 鈥� do not deliver different results for BAME and White defendants.鈥� (See pages 31-32 of the Lammy Review)

Professor Thomas said: 鈥淢y 2010 study, Are Juries Fair?, provided good evidence that juries treat defendants fairly regardless of race.听 But this new research, based on almost 400,000 jury verdicts, confirms that one stage in the criminal justice process where BAME individuals are not treated disproportionately is when a jury, made up of 12 members of the general public, deliberate and reach a verdict.鈥�

The Lammy Review includes 35 recommendations, and urged the Criminal Justice System to adopt some of the key principles that underpin the jury system. (Read more on page 6 of the Lammy Review)

The full article is available free to download from听听on 12 November 2017.

Media coverage of the Lammy Review, including Professor Thomas鈥檚 findings:

The Guardian:听

The Telegraph:听

The Independent:听

The Guardian:听

Related research from the 果冻影院 Jury Project: