criminal Flashcards
What are the two major types of court in the British Criminal Justice system?
Magistrates Court and Crown Court
What types of offences does the Magistrates Court usually hear?
Summary offences such as:
* motoring offences
* minor criminal damage
* some drug offences
What type of offences does the Crown Court deal with?
Serious offences known as solemn procedure such as:
* murder
* rape
* armed robbery
Where are juries used in the British Criminal Justice system?
Only in the Crown Court
What type of system is the British Justice System known as?
An adversarial system
What is the primary aim of the adversarial system?
To win the case
Who carries the burden of proof in the British Criminal Justice system?
The prosecution
What is the presumption regarding the defendant in the British Criminal Justice system?
The defendant is presumed innocent
What must the defence convince the jury of to achieve a successful outcome?
That there is ‘reasonable doubt’ as to the defendant’s guilt
What is the importance of psychological research in jury decision making?
It can warn about bias that may be present
How can psychological research help in trials?
By identifying factors that influence jury decisions
What is the foundation of the British legal system regarding trials?
The right to be tried in front of peers
How has the modern English trial jury evolved?
From medieval juries that informed themselves about crimes
How many people typically sit on a jury in England?
Twelve
What verdicts can a modern English jury deliver?
Guilty or not guilty
What is a unique aspect of the jury system in Scotland?
It includes a ‘not proven’ verdict and consists of 15 members
True or False: Some countries do not have trial by jury at all.
True
Fill in the blank: The decisions made by juries have far-reaching effects on the lives of many individuals such as the defendant, the witness, the victim, and their _______.
families
How are jurors selected?
At random from federal rolls
Who is eligible to serve on a jury?
Individuals aged 18 to 75
Who is not eligible to serve on a jury?
Individuals with a criminal record, under 18, on bail, or sentenced in the past 5 years
Why is social research on juries considered socially sensitive?
Findings may negatively impact individuals or groups in the criminal justice system
Cultural issues and generalisability
What is a unique feature of the Scottish jury system?
‘Not proven’ verdict available
Cultural issues and generalisability
What role do grand juries play in the USA?
Investigate whether enough evidence exists to bring someone to trial
What is the composition of a criminal trial jury in England & Wales?
12 ordinary members of the public
What can both the prosecution and defense do regarding jurors?
Reject jurors if they believe there could be bias
What happens after the jury has listened to all the evidence?
The judge instructs them on procedures and possible verdicts
What is the required communication protocol for jurors during deliberation?
No communication with anyone outside the private room
What types of technology are removed from jurors during deliberation?
Telephones and laptops
What is the standard verdict requirement for an English jury?
Unanimous verdict; majority verdict of 10/12 permissible in certain circumstances
What challenges do jurors face during a trial?
Processing a great deal of information and reaching a unanimous decision with strangers
How can jury decisions affect individuals?
They can have profound implications, including life or death in some countries
The British legal system assumes that jurors are _____.
[impartial and capable of making fair decisions]
What influences jurors’ decisions of guilt or innocence?
The evidence offered by both sides in the trial
Jurors are expected to make decisions based on presented evidence, but various factors influence their final decision.
What is the main research question in the field of jury decision making?
What are the main factors that influence the jury decision making process?
This question guides research into understanding the influences on jurors.
What are the two phases of the trial covered in research on jury decision making?
Pre-trial factors and factors during the trial
Research focuses on influences before and during the trial.
What is a major problem for researchers studying jury decision making?
Juries are sworn to secrecy about their deliberations
This secrecy makes it challenging to conduct realistic research on juries.
What methods do researchers rely on due to the secrecy of juries?
Mock trials and simulations
These methods help investigate factors influencing jury decisions.
What is meant by the term ‘Pre-Trial Publicity’?
Information presented to the public before the trial begins
This can include news articles, reports, and other media coverage.
How can Pre-Trial Publicity affect the jury decision making process?
It can shape jurors’ perceptions and biases before the trial
This may lead to preconceived notions about the case.
List some characteristics of the defendant that can influence jury decisions.
- Attractiveness
- Race
- Accent
- Gender
These characteristics can affect how jurors perceive the defendant.
True or False: Jurors are allowed to discuss their deliberations during and after the trial.
False
Jurors are legally prohibited from discussing their deliberations.
What is a key issue in designing research on jury decision making?
The secrecy of jury deliberations
This issue complicates the ability to gather accurate data.
Evaluate Pre-trial publicity as a factor that may affect jury decision making.
Pre-trial publicity can create biases and influence jurors’ opinions
Such influences can lead to unfair trial conditions.
What can influence jurors before a trial takes place?
Pre-trial publicity
This includes information that jurors may encounter before being elected to the jury.
What are some sources of pre-trial publicity?
Internet, television, social media
These sources provide public access to information about a case.
What effect can pre-trial publicity have on jurors?
Jurors may have already formed an opinion of the suspects or defendant
This can compromise the impartiality of the jury.
What type of cases may be well documented before trial?
Criminal cases
Such documentation can influence public perception and juror opinions.
True or False: Jurors are completely unaware of a case before being selected.
False
Jurors can be aware of a case due to pre-trial publicity.
Fill in the blank: Pre-trial publicity can involve two types of _______.
[types of information]
The nature of these types is not specified in the text.
Pre publicity can involve two types of information
Factual information
Emotional information
Pre trial publicity
Factual information
Likley to include incriminating information about the defendant or case, such as what happened during the crime
