Criminal Process: Jury Trial Flashcards
What are the methods of replacing one or more of the prospective jurors called into the box? (3)
- For the prosecution to ask a juror to stand by
- For either the prosecution or the defence to challenge for cause
- For the judge to use their discretionary power to remove a juror
What happened in R v Kronlid? (4)
- 3 women broke onto a plane and caused £1.5m worth of damage
- They did it to stop the plane being used to harm people
- The jury found them not guilty as they felt that they did it for the right reasons
- Example of Jury Equity
Explain Jury Equity
- Applied when a jury reaches a verdict that is contrary to the law
- Rare, but a jury sometimes finds the defendant not guilt when they have in fact committed the crime
- Usually, this happens when the jurors feel that the law itself is unjust or a punishment is unduly harsh
When can the verdict of a jury not be unanimous? (2)
- In a case where there are no less than 11 jurors and 10 of them agree on a verdict
- In a case where there are 10 jurors and 9 of them agree on the verdict
What is the deferral criteria for jury service? (2)
- Anyone can apply to defer their jury duty. Reasons include exams, holidays, surgery, weddings etc
- Jury duty can be deferred once and must be retaken within a 12 month period of the deferral
When may it be necessary to have a non-jury trial? Example case?
- Where there is a danger of jury tampering or where jury tampering has taken place
- R v Twomey - appellants tried without a jury as improper approaches were being made by two members of the jury
- Also in cases such as fraud as the jury may not know enough to be able to judge fairly
What did the Criminal Justice Act 2003 do to the eligibility of (potential) jury members?
- It removed various former grounds of ineligibility, which meant that more people became available for jury duty, including the judiciary, members of the medical profession, the clergy, politicians etc
When will a jury be used in Coroners’ Courts? (3)
Only if:
- There is a reason to suspect that the deceased died while in custody and that either:
- The death was violent and unnatural
- The cause of death is unknown
When are juries used? Why? Exceptions?
- Both civil and criminal (but more criminal)
- To decide whether a defendant is guilty or not guilty beyond reasonable doubt
- Criminal Justice Act 2003 allows for trial by judge alone if there has been or is a risk of jury tampering
- R v Twomey (2009)
What is the eligibility criteria for jury service? (4)
- Aged 18-70
- Registered on electoral register
- Resident in the UK, Channel Islands or Isle of Msn for at least five years since the age of thirteen
- Not disqualified
What are the advantages of the jury service? (3)
- Certainty as the verdict is not open to dispute
- Public participation
- Jury equity
What are the disadvantages of the jury system? (11)
- Lack of competence
- ‘Perverse verdicts’
- Bias
- Manipulation by defendants
- Tampering
- No reason given for verdict
- Distress to jury members
- Cost and time
- Problems with compulsory jury service
- Excessive damages in civil cases
- Jury Equity
What are the reasons for secrecy and against disclosure? (7)
1) Ensures freedom of discussion in the jury room
2) Protects jurors from outside influences e.g harassment
3) If the public knew how the jury reached their decision they might respect it less
4) Without secrecy, people may be reluctant to serve as jurors
5) It ensures that the verdict is final
6) It enables jurors to bring unpopular verdicts
7) Prevents unreliable disclosures
What are the reasons against secrecy and for disclosure? (5)
1) Makes jurors more accountable
2) Makes it easier to inquire into the reliability of convictions and rectify injustices
3) Show where reform is needed
4) Educate the public
5) Ensure each juror’s freedom of expression
Who selects juries?
- Central summoning bureau
