Juries

Question 1

How many jurors are allocated to court?

Answer 1

15

Question 2

How many jurors are selected out of the 15 allocated to court?

Answer 2

12

Question 3

The Juries Act 1974

Answer 3

Sets out the qualifications for juries

Question 4

Name one qualification for juries under the Juries Act 1974

Answer 4

Must be 18 or over, and under 76

Question 5

Why may a juror be excused?

Answer 5

• work
• illness
• temporary events

Question 6

Why may a juror be discharged?

Answer 6

• deaf
• blind
• not English-speaking

Question 7

How are jurors selected?

Answer 7

The Crown Court will select names at random from the electoral registers for the area that the court covers

Question 8

Romford Jury Challenge 1993

Answer 8

Whole juries can be challenged on the basis that they are unrepresentative or biassed

Question 9

Whole juries can be challenged on the basis that they are unrepresentative or biassed

Answer 9

Romford Jury Challenge 1993

Question 10

The jury can be dismissed if there are no jurors of the same ethnic background present

Answer 10

Fraser 2012

Question 11

Fraser 2012

Answer 11

The jury can be dismissed if there are no jurors of the same ethnic background present

Question 12

Ford 1989

Answer 12

If the jury is chosen in a random manner it cannot be challenged even if it is not representative

Question 13

If the jury is chosen in a random manner it cannot be challenged even if it is not representative

Answer 13

Ford 1989

Question 14

Individual juror members can be challenged on what basis?

Answer 14

That they know the witness or defendant

Question 15

What limits jurors being dismissed without cause to cases involving terrorism or national security?

Answer 15

Attorney- General guidance

Question 16

When can jurors be challenged without cause?

Answer 16

cases involving national security or terrorism

Question 17

In cases involving national security or terrorism, Attorney- General guidance allows for what?

Answer 17

Jurors to be challenged without cause

Question 18

Bushell’s case 1670

Answer 18

• The judge must accept the verdict even if they do not agree with it
• No reasons have to be given for their verdict, and they cannot be punished for it

Question 19

• The judge must accept the verdict even if they do not agree with it
• No reasons have to be given for their verdict, and they cannot be punished for it

Answer 19

Bushell’s case 1670

Question 20

Lawyers have described juries as what?

Answer 20

The most democratic element of our judicial system

Question 21

Characteristics of juries

Answer 21

• Independence
• representativeness
• individuality

Question 22

• Kronlid 1996
• Ponting’s case 1985

Answer 22

Decision making can be focused on justice and ignore the judge’s directions on what the law is, although this can lead to perverse decisions

Question 23

Decision making can be focused on justice and ignore the judge’s directions on what the law is, although this can lead to perverse decisions

Answer 23

• Kronlid 1996
• Ponting’s case 1985

Question 24

Only evidence presented in court can be considered

Answer 24

• Karakaya 2005
• Stephen Young 1994
• West 1996

Question 25

• Karakaya 2005
• Stephen Young 1994
• West 1996

Answer 25

Only evidence presented in court can be considered

Question 26

Why is the law explained publicly in a public court?

Answer 26

• D can understand the case more clearly
• Future Ds can understand what the law is
• Allows the jury to understand the law upon which they ought to base their verdict
  Ds can understand the reasoning behind their sentence, so they can form their own opinion on whether it was fair and whether they should appeal

Question 27

Why juries are better than a judge

Answer 27

• more susceptible to emotional arguments- avoids cost of accomodating the offender and may lead to justice where strictly following the law would not
• law-abiding citizens participate in the administration of justice- increase public confidence in the justice system
• Judge may have limited perspective. Inability to relate to D’s personal circumstances. Not representative of the community
• Random selection- less likely to be biassed. Variety of backgrounds
• Courts reserve the right to overrule both when bias is present

Question 28

Why judges are better than juries

Answer 28

• A jury cannot be completely isolated from external sources that may influence their verdict
• 2001. Lord Justice Auld. Although perverse verdict is an accepted feature of the justice system, they are a ‘blatant affront to the legal process’. Jury has violated their oath to reach a verdict in accordance with the evidence

Question 29

Disadvantages of not having to give a reason for their verdict

Answer 29

• May base verdict on personal beliefs or public opinion
• no certainty that the jury is basing their verdict in a correct understanding

Question 30

Example of cases that juries would find difficult to understand

Answer 30

Fraud cases