Basics & Juries Flashcards by Amelia Robey

Why do we have Criminal Law (2)

To keep law and order
To maintain a safe society

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Why do we have Civil Law (2)

For individual rights
Provides the ability to get redress/compensation

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Who is a Crime committed against ? (2)

The Victim
The State

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What is the punishment for committing a crime ?

A sentence (e.g. a fine, imprisonment, suspended sentence)

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Who brings a Criminal Case to Court?

The CPS (Crown Prosecution Service) + The Police

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Who brings a Civil Case to Court ?

The Claimant

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Where will a Criminal Case be heard ?

A Magistrates Court
A Crown Court
An Appeals Court

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Where will A Civil Case be heard ?

A County Court
A High Court
An Appeals Court

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Who decides on the outcome of a Criminal Case ?

The (typically 3) Magistrates
The (12) Jurors

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What can the outcomes of a Criminal Case be?

Guilty or Not Guilty

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What can the outcomes of a Civil Case be ?

Liable or Not Liable

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What is the Burden of Proof in a Criminal Case

“Beyond (all) reasonable doubt.”

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What is the Burden of Proof in a Civil Case ?

“On a balance of probabilities.”

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Who controls the process of Jury Selection ?

The Jury Central Summoning Bureau (JCSB)

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What Acts cover the Law relevant to Jury Selection ?

the Juries Act (1974)
the Criminal Justice Act (2003)

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How is a Jurour selected ?

Using the electoral register, people will be randomly selected
A summons is sent to the prospective juror (attendance is compulsory if eligible)

The requirements to be a juror are ?

Between the ages of 18-75
On the electoral register
A UK resident of more than 5 years
Not mentally incapable
Not disqualified

What ‘disqualifies’ a person from becoming a juror ?

If they have ever served a life sentence or any custodial sentence over 5 years
If they have served any custodial sentence or youth custody in the last 10 years
If they have been on probation in the last 5 years
If they are currently on bail awaiting trial

What Act and Section does it state that a juror may request a ‘deferral’ for “good reason”

Juries Act (1974) s.9

Give examples of what a “good reason” for deferral is

An already paid-for holiday
You are a new parent
An exam
A wedding
Busy with an important job at the time requested to do jury service

What is the maximum duration of delay that the JCSB will allow

Up to 12 months

Some people can be excused from Jury duty (primarily due to lack of capacity), give examples of why people might be excused

Totally deaf or blind
Speak insufficient English
Have served in the past two years
Pysically incapable of getting into court

Failure or refusal to do jury service without good reason is punishable with what under what act & section

Punishable with a fine under the Juries Act s.20

How many jurors are initially bought into the courtroom?

15, 12 are selected randomly by the clerk.

Why are extra jurors brought into the court?

In case any jurors know the defendant or others involved in the case

What is the relevant case law for objection to a juror ?

R v Ford (1989)

What happens to the jurors once selected ?

They are either sworn in or affirm

What is the role of the Jury during a trial

- Listen carefully to evidence - Take notes - Ask questions - Listen to the Judge sum up evidence/law - Sent out to deliberate

What is the jury's role post trial / hearing

- Deliberate in a separate room alone - Appoint a foreman - Reach a preferably unanimous verdict , if not, after 2 hours, a majority (10-2) is accepted

What is "Voire Dire"

When during a trial the Judge asks the Jury to leave the court room while potentially inadmissible evidence is discussed to prevent them from taking it into account in their verdict

What Act & Section deals with if a Juror discusses a case outside of court (+ relevant case law)?

Contempt of Court Act (1981) s.8 + R v Fraill 2011

What is the relevant case law for Jurors being able to take as much time as they need without pressure to reach a verdict?

R v McKenna (1960 )

What piece of legislation deals with unanimity / majority jury verdicts

Juries Act 1974 s.17

Advantages of a Jury Tiral

- They are not case-hardened (judge more fairly) - Bias and extreme views are counterbalanced by other jurors - Well established successful method of dealing with criminal cases (used for over 800 years) - Democratic process (trial by peers) - Random selection makes a good mix of society - Jurors often want to do a good job and take it seriously - Juries have to have a high majority to convict, so the result is fair and convincing

Disadvantages of a Jury Trial

- Some people argue juries are outdated in modern society - Because it's random doesn't mean it achieves a good mix of society (not really trial by peers) - Jurors may not have the necessary intelligence to understand complex cases - Some jurors may not want to be there and therefore don't pay attention - Not trained in Law and get minimum instruction, therefore may not do a good job - Some jurors may be too easily convinced by individual lawyers, or other jurors - Some may be influenced by outside factors such as the media, or intimidated by the defendant / their friends and family - May have internal prejudices - Poor decisions cannot be challenged as verdicts are unquestionable, no reasons have to be given