Juries Flashcards
Describe how jurors are selected for service
Jurors are selected by a random process where names are randomly chosen from the electoral register. Firstly, 15 jurors are selected and assigned to a court case. Then, the court clerk randomly selects 12 out of the 15 jurors to sit on the jury. If any of the jurors know or recognise the parties, they must inform the court, who will then decide whether or not that member can proceed and sit on the jury. However, if that member cannot proceed, one of the remaining 3 jurors will take their place.
The Juries Act 1974 sets out the basic qualifications required to become a juror. Jurors must be aged between 18 and 75, which was increased from 70 by the Criminal Justice & Courts Act 2015. They must also be a resident of the UK for 5 years since their 13th birthday. People who have been disqualified or people who are mentally disordered cannot sit on the jury. Furthermore, members of the armed forces have the right to be excused from jury service
Describe the work of juries in a criminal trial
The main role of juries in a criminal trial is to decide whether the defendant is guilty or not guilty. Before the trial begins, the panel of jurors are either sworn or affirmed; the court clerk will ask each member of the jury which method they would prefer to use and then ask them to repeat the words of the oath or affirmation after them. During the trial, the jury is responsible for listening to the evidence being presented, viewing CCTV footage and viewing other documents used for evidence. After the judge sums up, a foreman from the jury is elected and all members of the jury are required to make their way to the private room. Here, they will need to discuss the case facts and make a decision. If the members of the jury are unable to agree on a verdict, a vote will be taken, and the majority opinion will be taken as the final decision. Once the jury return to the court room, the foreman of the jury will announce their verdict, and the judge will announce the defendant as guilty or not guilty.
Discuss the advantages and disadvantages of the use of juries
An advantage of using juries is that jury trials are very democratic. They allow for the defendant to be tried by his peers. As jurors are selected from the electoral register, juries usually represent a good balanced mix of society, and because they tend to only do jury service once, they are not case hardened, like judges, which could mean that their fresh perspective could be fairer. However, this is also a disadvantage because some people may argue that the random process used for selection does not achieve a good mix of society and does not always work as many people get excused or deferred.
Another advantage of juries is that they have jury equity. This means that, because jurors are not legal experts, they are not bound to follow the precedent of past cases or Acts of Parliament, and they don’t need to give a reason for their verdicts. Again, jury equity is also seen as a disadvantage because in some circumstances, where evidence is ignored, and the decision is wrong, it is seen as a perverse decision.
A final advantage is the secrecy of the jury room. This is an advantage because it means that the jury is free from outside pressures such as the media, which may influence their decisions, but it is also a disadvantage because there is no way of knowing whether the jury understood the case and came to a decision for the right reasons.
