Juries Flashcards
1
Q
The role of the juror
A
- make sure there is a fair trial
- everyone deserves justice
2
Q
Independence of the jury in criminal cases
A
- independence has been established since at least Busheell (1670), a more modern example of the independence is in McKenna (1960)
3
Q
Members
A
Crown Court juries have 12 members, 15 are appointed then 3 are asked to leave
4
Q
Jury qualifications
A
- jurors are randomly selected from the electoral register
- between ages 18 and 75 yrs old
- registered to vote in parliamentary or local gov elections
5
Q
Disqualification
A
- ppl serving life sentences
- Detention during His Majesty’s pleasure
- an extended sentence
- term of imprisonment for 5 yrs or more
6
Q
Disqualified for 10 yrs if:
A
- served a sentence of imprisonment
- had a suspended sentence
- had a community order
7
Q
Mentally disordered persons
A
- those suffering from a mental illness who have been hospitalised or are attending treatment
- a person determined by a judge as being incapable of administering their affairs
8
Q
Lawyers and police officers
A
- since the Criminal Justice Act 2003, judges, lawyers and police are now allowed to serve on juries
9
Q
Discretionary excusals
A
- members of the serving forces
- too ill to attend/disability
- mothers w/ young babies
- ppl w/ business appointments
- ppl w/ booked holidays
most will have their jury deferred to a later date but a non attendance w/o reason can incur up to £1,000 fine
10
Q
Lack of capacity and deaf jurors
A
- blindness/lack of english doesn’t automatically disqualify juror, but if the judges believe it may hinder the jurors ability to fully participate in the jury, they may be discharged
- deaf jurors who need an interpreter cant sit in the jury since a 13th person is not permitted in the jury room
11
Q
Selecting a jury - vetting
A
- vetting and routine police checks are not standard procedure but can be requested
- vetting a juror’s background can also be taken into account if there is a potential conflict of interest e.g. national security or terrorist cases
12
Q
Selecting a jury - challenging
A
- both prosecution and defence have certain rights to challenge one or more of the jurors before they are sworn in
To the array - a challenge to the whole jury
For the cause - when the right of an individual juror can be challenged e.g. if they have been disqualified or are related to a witness or the defendant
Prosecution right to stand by jurors - only the prosecution can use this, one juror can be put to the end of the list and will only be used if there aren’t enough juror (a sub)
13
Q
Jury’s role - split function
A
- where the judge decides points of law and the jury, the facts, the judges can direct the jury but their decision on the verdict is final, they don’t need to give a reason why
- jury’s decision is made in priv
- if judge believes there is insufficient prosecution evidence in law to allow the case to continue, he can direct the jury to find the defendant not guilty
14
Q
Jury’s role - majority verdicts
A
- unanimous verdicts are preferred, if at least 2 hrs have passed the judge can call the jury back in and accept a majority verdict
15
Q
Secrecy
A
- jury discussions take place in secret
- The Criminal Justice and Courts Act 2015 makes it a criminal offence to intentionally disclose what was discussed, although in cases of reporting juror misconduct, disclosure is permitted
- judge has power to ask jurors to hand in their mobile devices
