Juries Flashcards
Can a judge challenge the jury’s decision?
No. Bushell’s Case (1670)
How many members are in the Jury in the Crown Court?
12
What percentage of criminal cases are heard by a jury?
2%
What right does a D in the Magistrates’ Court?
A full trial by jury in the Crown Court
What are the basic qualifications to be a juror?
- 18-75 years
- registered as a parliamentary or local government elector
- resident in the UK, Channel Islands or Isle of Man for at least five years since his thirteenth birthday
Juries Act 1974
Disqualifications from Jury service?
People Serving:
- life sentences
- detention during His Majesty’s pleasure
- imprisonment for public protection
- an extended sentence
- a term of imprisonment that is 5+ years
Disqualified for 10 years if:
- served a sentence of imprisonment
- had a suspended sentence
- had a community order
Disqualification due to being a Mentally Disordered Person?
- those with a mental illness who have are hospitalised or attending treatment
- a person under guardianship under s7 of Mental Health Act 1983
- a person determined by a judge as being incapable of administering their property or affairs
What did the Criminal Justice Act 2003 change about Lawyers and Police Officers in Juries?
Judges, lawyers and police are now allowed to serve on juries. Some feel this may lead to bias.
When can you be excused from jury service?
Discretionary excusals
- Members of the serving forces
- Those too ill to attend
- Mothers with young babies
- People with business appointments
- People who have booked holidays
Most of the above will have their service deferred to a later date, but a non-attendance with no reason can incur up to a £1,000 fine.
When will a jury undergo Vetting and police checks?
If requested by either the defence or the prosecution.
What was decided in R v Mason (1980) regarding juries?
Vetting was permitted since it was a criminal offence to serve on a jury with a criminal duty, the police were only doing their duty in preventing crime.
How many jurors are in a group originally?
- The clerk then selects 12 at random
What are the three reasons for a party challenging the jury?
- to the array
- for cause
- prosecution right to stand by jurors
What is meant by challenging a juror ‘for the cause’?
When the right of a juror can be challenged, for instance if they are related to a witness
What is meant by the ‘Prosecution right to stand by jurors’?
Can only be used by prosecution. One juror can be put to the end of the list, and will only be used if there are not enough eligible jurors. No reason need to be given.
What is mean by challenging the jury ‘to the array’?
s5 Juries Act 1974 - A challenge to the whole jury on the basis that it hasn’t been chosen in a representative way. R v Ford (1989)
What is meant by ‘Split function’?
Where the functions are split between the judge and jury. The judge can direct the jury, but their decision on guilt or innocence is final, and they do not need to justify this decision.
What is a ‘directed acquittal’?
Where a judge decides there is insufficient evidence to allow the case to continue, the jury is directed to find the defendant not guilty.
When will a majority verdict be accepted?
If, after at least 2 hours, the jury hasn’t reached a unanimous verdict.
Why was the majority verdict introduced?
To prevent jury ‘nobbling’. When decisions had to be unanimous, all it would take would be for one juror to be bribed to cause a stalemate.
What ratio is needed for a majority verdict to be decisive?
10:2 or 11:1 majority is allowed on a full jury of 12.
If there is a smaller jury, only one opinion can differ (10:1 , 9:1) #
but then it’s 9:0 if it gets to 9 jurors.
What will happen if a juror is found to be disobeying the ‘Secrecy’ rules in the Criminal Justice and Courts Act 2015?
A juror may find themselves in contempt of court (criminally liable).
How do jury discussions take place?
In secret
Advantages of using Juries?
-PUBLIC CONFIDENCE - the jury is considered one of the fundamentals of democratic society and a bastion of liberty against the state.
-JURY EQUITY - jurors are not ‘legal experts’, so they reach verdicts on the basis of ‘fairness’ or equity
-OPEN JUSTICE SYSTEM - jury is made up from members of the public. There is a clear view on how the law is applied in cases.
-JURY SECRECY - No pressure on the jurors to express honest opinions. Jurors are also protected from outside influence
-IMPARTIALITY - randomly picked jury mean there is no bias.
Disadvantages of using Juries?
-PERVERSE DECISION - where the jury ignores evidence and leads to a wrong decision (Randle and Pottle)
-SECRECY - we don’t know if the jury understood the case (Mirza)
-THE INTERNET - internet research by jurors has become more common. A 2010 report by Cheryl Thomas found that 12% of jurors admitted to searching the internet for information.
- RACIAL BIAS - Sander v UK (2000)
-MEDIA INFLUENCE - unavoidable media coverage in large scale cases will influence jury. (Taylor and Taylor)
-JURY TAMPERING
-LACK OF UNDERSTANDING
