Juries Flashcards
History of Juries
Been around even before Norman Conquest. the Magna Carta 1215 solidified persons right to trial by jury. Only 2% of criminal trials use them
Independence of Jury
Bushells case and R v Mcekenna . Held that jurors cannot be punished for their verdicts
Qualifications
18-75
Registered elector
Resident of UK, CI or IoM at least 5 years since 13 b day
Disqualifications
Imprisonment for life Detention at her majestys pleasure extended sentence term of imprisonment 5 plus years Mentally Disordered people if the disorder affects work
Excusal
Member of forces if commanding officer says it will affect their work.
Discretionary Excusal
Mother with baby or sick you can postpone it
Police
Hanif- ECHR said not allowed to have police officer in trial
What do Juries do
Decide verdict guilty or not guilty
Decide facts of the case
Are independent
Allowed majority rather than unanimous
Advantages
- Public confidence
- Upholds democracy
- Open system of justice, allows gen public to be involved
- Neutrality
- Privacy of decision
- Diversity
Disadvantages
- Slow and expensive
- Unpopular
- Outside Influences (Twomey
- No explanation of verdict- secret dont know what happens in room (Young)
- Failure to understand case
- Lack of neutrality- cancelling of bias Sander