juries Flashcards
how long does it usually take to complete jury service
2 weeks
how many jurors are initially taken into the courtroom
12
who the selects the first 12 names to vet
court clerk
why might a jury be asked to leave the courtroom
so lawyers can debate the case without persuading the jury
who summarises the facts of the case and explains the law to the jury
the judge
who is the ‘foreman’
the person elected by the jury to stand up and speak
what is a case where a judge fined a jury
bushell’s case- several jury members refused to convict the accused and the judge fined them and imprisoned them until they paid the fine
case where the jury were threatened with imprisonment
mckenna- judge told the jury that if they did not reach a verdict within 10 minuted they would be imprisoned, the jury complied. the defendant’s conviction was later crossed because of this
what are the circumstances when a jury will be used
in the crown court when a defendant pleads not guilty
how many trials are heard by a jury every year in the uk
approx 30,000
what is the jury’s main role in a criminal case
to decide whether a defendant is guilty or not guilty
what percentage of criminal trials do juries account for
less than 1%
what is the aim for a jury’s verdict
a unanimous verdict
when will a majority verdict be accepted
after two hours and twelve minutes of the jury not being able to fully agree
what is an extra power held by the judge
split functions- a judge has the power to direct the jury to acquit the defendant if he believes that the prosecution has not made a valid case against them
what majority verdicts can be accepted
11-1
10-2
what happens if the jury cannot meet a unanimous decision or a majority verdict
there is a hung jury- there will either be a retrial or the case will be closed
how does a jury’s decision take place
in a private jury room where the decision making process is completely secret
what is the act that established the qualifications required to sit on a jury
Jury Act 1974
what are the three qualifications required by jury members outlines in the jury act 1974
18-75 age
must be a uk or isle of man residents for at least 5 years
must be registered on the electoral roll
what are four circumstances where one will be disqualified from jury service for
- life in prison sentence
- extended prison sentence
- prison sentence for public protection
- prison sentence for over 5 years
what are the three circumstances when one will be disqualified from jury service for 10 years
- has served a prison sentence in the past 10 years
- have served a suspended sentence in the past 10 years
- has had a community order or community sentence in the past 10 years
what type of person wont be allowed to sit on a jury
those will mental illnesses or psychopathic disorder recognised the in the criminal justice act 2003
what three types of people are excused from jury service
- members of the military forces are under no obligation to complete jury service
- those with discretionary excusals
- those who have a lack of capacity ie being blind so cant see evidence
who is supriseingly still allowed to sit on a jury
judges, police, and lawyers- confirmed by the criminal justice act 1003. it is their choice whether they want to disclose their profession to the other jury members
how are members of the public selected for jury service
names are selected at random by a computer off the electoral roll
what are the five steps to vetting a jury
police checks- regular checks on prospective jurors
wider background checks- check on jurors background and political affiliations; this is only used when necessary
challenging the array
challenging a cause
prosecutions right to stand by
describe challenging the array
where an entire jury is challenged for being unrepresentative or unfair. case of fraser- whole jury was white and defendant was of ethnic minority
describe challenging a cause
challenges one jury members right to sit on the jury- ei they know the defendant or are disqualified.
case of wilson: jury member was the wife of a prison guard at Exeter prison where both defendants were on remand, she was not allowed on the jury. justice has to be done and also has to be seen to be done.
describe the prosecution right to stand by
a potential jury member is kept spar in case they need to replace a practicing jury member. the prosecution does not need to give a reason to call for this but it is used sparingly.
describe the prosecution right to stand by
a potential jury member is kept spar in case they need to replace a practicing jury member. the prosecution does not need to give a reason to call for this but it is used sparingly.
what act made it a criminal offence to intentionally disclose or ask about what happens in a jury room
the criminal courts and justice act 2015
