#Exam 1- Juries Flashcards

1
Q

how long have juries been used in the English legal system

A

over 1000 years

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2
Q

what do R v Mckenna and Bushell’s case show

A

The jury is sole decider in case outcome

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3
Q

what court are juries in

A

the crown court in criminal cases

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4
Q

what age must juries be

A

between 18-75

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5
Q

how are juries selected

A

electoral roll

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6
Q

how long must a jury have lived in the UK

A

5 years since 13th Birthday

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7
Q

who are permanently disqualified from sitting on a jury

A

if you have been imprisoned for life
imprisoned for public protection
serving an extended sentence
serving a sentence 5 years or under

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8
Q

who are banned for ten years for being on a jury

A

served a sentence of imprisonment
had a suspended sentence
had a community order
is on bail

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9
Q

what illness doesn’t allow for someone to be on a jury

A

deafness and blindness as a 13th juror isn’t allowed

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10
Q

what does criminal justice act 2003 schedule 1 state

A

that someone with mental illness or mental handicap can’t sit on a jury

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11
Q

who is given an excusal from jury service

A

members of the armed forces

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12
Q

which two groups of people were unable to sit on a jury

A

police officers and barristers (this was changed in the criminal justice act 2003)

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13
Q

what is a discretionary excusal

A

when someone can defer their jury service to another time due to an inconvenience such as illness, exams or being a new parent

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14
Q

what other factor may affect someones ability to not sit on a jury

A

inability to understand English

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15
Q

how is a jury selected

A

a computer selects names at random
summons to jury service sent to each person
anyone who can’t attend must give a reason
all must attend unless they have been excused
at court 12 are selected, can be challenged for good reason or be discharged

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16
Q

how are jurors vetted

A

police checks

wider background checks

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17
Q

who has the right to see the list of jurors

A

prosecution and the defence

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18
Q

what cases can look at the criminal background of jurors

A

any case is allowed - R V Mason shows this

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19
Q

what cases allow wider background checks

A

cases of national security

20
Q

what are the attorney generals guidelines

A

a) vetting only done in exceptional cases: involving national security and terrorist cases
b) vetting only done with attorney general’s permission

21
Q

how are jurors selected inside the court

A

split into groups of 15 and then 12 out of the 15 are selected to hear the trial

22
Q

when can a jury be challenged

A

an individual juror can be challenged

the whole panel may be challenged for biased selection

23
Q

why may an individual juror be challenged

A

for reasons such as knowing the defendant

24
Q

what is “for cause”

A

challenging an individual juror

25
what is " to the array"
challenging the whole jury
26
what case example shows a whole jury being challenged for biased selection
R v Ford - however, there is no right for a multi-racial jury
27
what does "stand by" a juror mean
the prosecution has the right to ask for one member of the 15 to be selected last for jury service
28
what is the role of a jury
decide verdict either guilty or not guilty
29
what does the judge do for the jury
direct on any point of law
30
what is a unanimous verdict
when everyone agrees
31
what majority verdicts can be accepted
10:1 11:1
32
what happened in Bushell's case (1670)
The jury refused to convict quaker activists they were fined and imprisoned and released after the appeal
33
what did Bushell's case show
the jury makes the decision on the facts and the judge doesn't interfere with the decision
34
what happened in Ponting's case (1984)
civil servant leaked classified information about Falklands war to MP. jury refused to convict even there was no defence
35
what did Ponting's case (1984) show
a jury is independent and if it decides on the basis of fairness the decision can't be challenged
36
what happened in R v Mirza (2004)
One Juror complained about other Jurors showing racial bias in the trial
37
what did R v Mirza (2004 ) show
discussions in the jury room are secret and the court will not typically inquire into them
38
what happened in R v Young (1995)
4 jurors use Ouija board to try and find out from the murder victims who killed them
39
what did R v Young (1995) show
the court could inquire into what happened in the hotel room as it was outside the jury room
40
what happened in R v Karakaya (2005)
A juror did an internet search on the defendant and printed them off and brought them to the court
41
what did R v Karakaya (2005) show
the court could inquire into what happened as outside information was brought into the jury room
42
what happened in R v Twomey and others (2005)
a serious attempt at interfering with the Jury having three previous trials collapsed
43
what did Rv Twomey (2005) show
section 44 of CJA 2003 judge ordered a re-trial
44
what happened in KS v R (2010)
Attempt to interfere with a jury as members of the public were on their breaks at the same time as jury and in the same area
45
what did KS v R show
Application of CJA 2003 was denied as the approach was opportunistic rather than deliberate targeting.
46
What are the advantages of a trial by Jury
``` public confidence jury equity ( can make a moral decision) an open system of justice - members of the public decision made in secrecy impartiality- no bias ```
47
what are the disadvantages of trial by jury
``` high acquittal rates jury service is unpopular perverse verdicts media influence - Taylor and Taylor secrecy of decision lack of understanding of fraud cases jury tampering ```