#Exam 1- Juries Flashcards
how long have juries been used in the English legal system
over 1000 years
what do R v Mckenna and Bushell’s case show
The jury is sole decider in case outcome
what court are juries in
the crown court in criminal cases
what age must juries be
between 18-75
how are juries selected
electoral roll
how long must a jury have lived in the UK
5 years since 13th Birthday
who are permanently disqualified from sitting on a jury
if you have been imprisoned for life
imprisoned for public protection
serving an extended sentence
serving a sentence 5 years or under
who are banned for ten years for being on a jury
served a sentence of imprisonment
had a suspended sentence
had a community order
is on bail
what illness doesn’t allow for someone to be on a jury
deafness and blindness as a 13th juror isn’t allowed
what does criminal justice act 2003 schedule 1 state
that someone with mental illness or mental handicap can’t sit on a jury
who is given an excusal from jury service
members of the armed forces
which two groups of people were unable to sit on a jury
police officers and barristers (this was changed in the criminal justice act 2003)
what is a discretionary excusal
when someone can defer their jury service to another time due to an inconvenience such as illness, exams or being a new parent
what other factor may affect someones ability to not sit on a jury
inability to understand English
how is a jury selected
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
how are jurors vetted
police checks
wider background checks
who has the right to see the list of jurors
prosecution and the defence
what cases can look at the criminal background of jurors
any case is allowed - R V Mason shows this
what cases allow wider background checks
cases of national security
what are the attorney generals guidelines
a) vetting only done in exceptional cases: involving national security and terrorist cases
b) vetting only done with attorney general’s permission
how are jurors selected inside the court
split into groups of 15 and then 12 out of the 15 are selected to hear the trial
when can a jury be challenged
an individual juror can be challenged
the whole panel may be challenged for biased selection
why may an individual juror be challenged
for reasons such as knowing the defendant
what is “for cause”
challenging an individual juror
what is “ to the array”
challenging the whole jury
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
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
what is the role of a jury
decide verdict either guilty or not guilty
what does the judge do for the jury
direct on any point of law
what is a unanimous verdict
when everyone agrees
what majority verdicts can be accepted
10:1 11:1
what happened in Bushell’s case (1670)
The jury refused to convict quaker activists they were fined and imprisoned and released after the appeal
what did Bushell’s case show
the jury makes the decision on the facts and the judge doesn’t interfere with the decision
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
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
what happened in R v Mirza (2004)
One Juror complained about other Jurors showing racial bias in the trial
what did R v Mirza (2004 ) show
discussions in the jury room are secret and the court will not typically inquire into them
what happened in R v Young (1995)
4 jurors use Ouija board to try and find out from the murder victims who killed them
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
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
what did R v Karakaya (2005) show
the court could inquire into what happened as outside information was brought into the jury room
what happened in R v Twomey and others (2005)
a serious attempt at interfering with the Jury having three previous trials collapsed
what did Rv Twomey (2005) show
section 44 of CJA 2003 judge ordered a re-trial
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
what did KS v R show
Application of CJA 2003 was denied as the approach was opportunistic rather than deliberate targeting.
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
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
