juries

Question 1

where did the idea of jury’s come from

Answer 1

Magna Carta - trial by your peers 1215

Question 2

what was the next major mile stone for jury’s after the magna carta

Answer 2

1670 bushels case- declared jurors canno5t be punished for there verdict because they are independent

Question 3

what case occurred in 1985 which was significant to jury’s

Answer 3

r v ponting 1985- the jury may acquit the defendant even if the evidence shows otherwise ( jury equity)

Question 4

what report was released in 2001 and what did it say about jury’s

Answer 4

the auld report - stated jury’s should have no right to acquit defendants in defiance of the law or in the disregard of evidence.

Question 5

what case occurred in 2005 which was significant to jury’s

Answer 5

r v Wang- stated the judge cannot direct the jury to produce a guilty verdict

Question 6

what is the role of the jury in a criminal, civil or coroners case

Answer 6

criminal- to listen to evidence presented and analyse it, weighing all fact and figures to produce a verdict, listen to the verdict and confer together effectively. jury’s must produce a verdict of at least 10-2 for a guilty verdict under the juries act 1974.
civil case- decide the liability of defendants and decide the amount of damages (supreme courts act 1981/84
coroners cases- decide the cause of death and whether there suspicious circumstances

Question 7

what acts provide the rules for jury eligibility

Answer 7

jury’s act 1974, criminal justice act 2003

Question 8

what 3 things does a person need to be to be eligible for jury duty

Answer 8

1- aged 18 -75
2- on the electoral register
3- a uk resident for at least 5 years since they were 13

Question 9

what did the criminal justice act 2003 allow

Answer 9

it allowed police officers, judges and legal professionals to sit on jury’s

Question 10

who can be disqualified from jury duty

Answer 10

• those who are currently on bail
• diagnosed with a mental illness
• serious criminal convictions (more than 5 years)
• if they have been convicted of an offence under the criminal justice and courts act 2015.

Question 11

what is a case example for police officers sitting on a jury

Answer 11

hanif v uk- the ECHR found in this case that a police officer who was on the jury that knew one of the police witnesses professionally would breach there right to a fair trial.

Question 12

what is contempt of court

Answer 12

when someone is disobedient or discourteous in the court of law. e.g. not turning up for jury duty or using phones

Question 13

what is a case example for contempt of court

Answer 13

R V Banks 2011- banks was jailed for 14 days after he missed jury duty to see a musical in the middle of a trial.

Question 14

the criminal justice and courts act 2015 created new offences for the jury to commit during a trial what are these 4 offences

Answer 14

1- s71- researching during the trial period
2- s72 a jurors intentionally disclosing evidence about the trial
3- s73- for the jury to base there verdict on anything but the evidence
4- s74 for a juror to intentionally disclose anything discussed or opinions made buy other jurors while deliberating

Question 15

what is a case example for any offence under the criminal justice and courts act 2015

Answer 15

r v smith 2016- smith carried out an internet research during the trial on the case he was on the jury for.

Question 16

what is jury challenging

Answer 16

before a juror is sworn in they may be challenged based on reason to believe they would not be fair while on the trial

Question 17

what are the 5 types of jury challenging

Answer 17

challenge fir the cause, challenge for the array, stand by the crown, racial challenges, jury tampering

Question 18

what is challenge for the cause with a case example

Answer 18

this is the request hat a juror should be dismissed based on reason to believe they would not be fair e.g. knowing someone on the case, obvious prejudice
CASE- r v gough 1993- a juror was challenge based of grounds of bias

Question 19

what is challenge to the array with a case example

Answer 19

this can be challenged by the prosecution of defence and is when the whole jury is challenged on the grounds that the summoning officer is acting improperly or biased.
CASE- ROMFORD JURY 1993- out of a panel of 12, 9 cam from Romford 2 living on the same street.

Question 20

what is stand by the crown

Answer 20

rarely happens , its only in cases of national security or terrorism and permission from attorney general is needed

Question 21

what is racial challenges + case

Answer 21

a jury may not be multiracial and its proposed that the jury should contain at least 3ethnic minority individuals.
r v ford 1989- the judge tried to order a multiracial jury but it was held they had no power to do so.

Question 22

what is jury tampering with a case example

Answer 22

friends of the defendant may try to interfere by doing things such as bribery to stop this the prosecution can apply for the case to be help by the judge only.
R V TWOMEY- the defendant conducted a bank robbery and there was 3 trials prior which were stopped due to bribery and threats toward the jury it was decided the trial should take place with the judge only without a jury.

Question 23

what are the alternatives to the jury

Answer 23

1- a single judge sitting alone , would save time and reduce jury equity
2- a bench of judges- give a more balanced view but would loose the element of public participation, more expensive
3- a specially trained jury- would give a fair mixture of people, be to consistent, would have the same people on multiple cases

Question 24

what are the advantages to jury’s + case

Answer 24

1- allows ordinary people to participate, the verdicts are more accepted as there done by society
2- would be a mixed or genders race and social backgrounds providing a more balanced view
3- jurors have the change to produce a jury equity verdict and base verdicts based on what’s fair rather than legally correct.
CASE - r v Owen 1992 Owens son was killed by a driver the driver received a short sentence and quickly returned to the road as well as showing no remorse for the killing, Owen then shot the man injuring him he was found not guilty as the jury sided with him.
4- a jury is not case hardened
5- the opinions of 12 jurors is safer than 1 judge
6- jury’s are capable of making common sense decisions based on affect which doesn’t need professional training

Question 25

what are the disadvantages to judges + cases

Answer 25

1- a jury could be dominated by 2 or 3 strong minded individuals0 McCabe and Purves “ the shadow jury at work”
2- compulsory jury service may not put in the effort to understand it if they don’t want to be there r v Payne
3- a jury can be effected by things which isn’t the evidence r v young
4- perverse verdict
5- there own opinions/ bias can be included in the verdict r v brown