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#Law crime and legal s > #Exam 1- Juries > Flashcards

#Exam 1- Juries Flashcards

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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
Q

what is “ to the array”

A

challenging the whole jury

26
Q

what case example shows a whole jury being challenged for biased selection

A

R v Ford - however, there is no right for a multi-racial jury

27
Q

what does “stand by” a juror mean

A

the prosecution has the right to ask for one member of the 15 to be selected last for jury service

28
Q

what is the role of a jury

A

decide verdict either guilty or not guilty

29
Q

what does the judge do for the jury

A

direct on any point of law

30
Q

what is a unanimous verdict

A

when everyone agrees

31
Q

what majority verdicts can be accepted

A

10:1 11:1

32
Q

what happened in Bushell’s case (1670)

A

The jury refused to convict quaker activists they were fined and imprisoned and released after the appeal

33
Q

what did Bushell’s case show

A

the jury makes the decision on the facts and the judge doesn’t interfere with the decision

34
Q

what happened in Ponting’s case (1984)

A

civil servant leaked classified information about Falklands war to MP. jury refused to convict even there was no defence

35
Q

what did Ponting’s case (1984) show

A

a jury is independent and if it decides on the basis of fairness the decision can’t be challenged

36
Q

what happened in R v Mirza (2004)

A

One Juror complained about other Jurors showing racial bias in the trial

37
Q

what did R v Mirza (2004 ) show

A

discussions in the jury room are secret and the court will not typically inquire into them

38
Q

what happened in R v Young (1995)

A

4 jurors use Ouija board to try and find out from the murder victims who killed them

39
Q

what did R v Young (1995) show

A

the court could inquire into what happened in the hotel room as it was outside the jury room

40
Q

what happened in R v Karakaya (2005)

A

A juror did an internet search on the defendant and printed them off and brought them to the court

41
Q

what did R v Karakaya (2005) show

A

the court could inquire into what happened as outside information was brought into the jury room

42
Q

what happened in R v Twomey and others (2005)

A

a serious attempt at interfering with the Jury having three previous trials collapsed

43
Q

what did Rv Twomey (2005) show

A

section 44 of CJA 2003 judge ordered a re-trial

44
Q

what happened in KS v R (2010)

A

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
Q

what did KS v R show

A

Application of CJA 2003 was denied as the approach was opportunistic rather than deliberate targeting.

46
Q

What are the advantages of a trial by Jury

A 
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
Q

what are the disadvantages of trial by jury

A 
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

#Law crime and legal s (23 decks)

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