Criminal Courts & Lay People Flashcards
What disqualifies a juror from jury service?
- Those with a criminal conviction of more than five years
- ineligible (mentally ill)
- excusal as of right
Describe the initial selection of Jurors.
Jurors are selected by the Jury Summoning Bureau through random sampling.
They choose 20 jurors who are jurors in waiting, and from that 12 will make the final jury.
Describe what happens after initial selection of jurors.
Jurors are vetted and challenged.
They can be ‘challenged with cause’ by the defendant
‘Challenged to array’ - unrepresentative
‘Jury vetting’ - background check
Stand by - only prosecution
What is the role of a jury?
- Listen to the facts and evidence
- make notes
- select foreman
- discuss in secrecy
- unanimous decision
Give 5 advantages of the jury.
- representatives of equals in society
- jury equity: jury have the ultimate right to find defendants guilty/not guilty
- true cross section: random sampling means that sample is unbiased and everyone has a chance of being selected
- perverse verdict: jury can acquit even if advised otherwise. R v Ponting
- secrecy means less pressure
Give 4 disadvantages of the jury.
- Media influence: James Bulger
- May need counselling: Ian Huntley
- Secrecy means can’t understand if Jury actually understand law
- High rates of acquittal: R v Young (murder, ouija board)
What is the ratio for a non unanimous verdict?
10-2 or 11-1
Give 5 advantages of Magistrates.
- Local knowledge
- Few appeals
- cheap
- true cross section
Describe training of Magistrates.
- Initial & Core Training: role and responsibilities and skills needed
- Mentoring: six formal sittings in court each with a mentor who guides/supports you. New magistrates sit as winger
- Appraisal
What qualifications are needed to be a juror?
The criteria for jurors is detailed in the Juries Act 1974 as amended by the Criminal Justice Act 1988. To be a juror one must be on the electoral roll, 18-70, and live in the UK since the age of 13 for 5 years.
