Juries Flashcards
How many jurors are allocated to court?
15
How many jurors are selected out of the 15 allocated to court?
12
The Juries Act 1974
Sets out the qualifications for juries
Name one qualification for juries under the Juries Act 1974
Must be 18 or over, and under 76
Why may a juror be excused?
- work
- illness
- temporary events
Why may a juror be discharged?
- deaf
- blind
- not English-speaking
How are jurors selected?
The Crown Court will select names at random from the electoral registers for the area that the court covers
Romford Jury Challenge 1993
Whole juries can be challenged on the basis that they are unrepresentative or biassed
Whole juries can be challenged on the basis that they are unrepresentative or biassed
Romford Jury Challenge 1993
The jury can be dismissed if there are no jurors of the same ethnic background present
Fraser 2012
Fraser 2012
The jury can be dismissed if there are no jurors of the same ethnic background present
Ford 1989
If the jury is chosen in a random manner it cannot be challenged even if it is not representative
If the jury is chosen in a random manner it cannot be challenged even if it is not representative
Ford 1989
Individual juror members can be challenged on what basis?
That they know the witness or defendant
What limits jurors being dismissed without cause to cases involving terrorism or national security?
Attorney- General guidance
When can jurors be challenged without cause?
cases involving national security or terrorism
In cases involving national security or terrorism, Attorney- General guidance allows for what?
Jurors to be challenged without cause
Bushell’s case 1670
- 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
- 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
Bushell’s case 1670
Lawyers have described juries as what?
The most democratic element of our judicial system
Characteristics of juries
- Independence
- representativeness
- individuality
- Kronlid 1996
- Ponting’s case 1985
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
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
- Kronlid 1996
- Ponting’s case 1985
Only evidence presented in court can be considered
- Karakaya 2005
- Stephen Young 1994
- West 1996
- Karakaya 2005
- Stephen Young 1994
- West 1996
Only evidence presented in court can be considered
Why is the law explained publicly in a public court?
- 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
Why juries are better than a judge
- 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
Why judges are better than juries
- A jury cannot be completely isolated from external sources that may influence their verdict
- 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
Disadvantages of not having to give a reason for their verdict
- May base verdict on personal beliefs or public opinion
- no certainty that the jury is basing their verdict in a correct understanding
Example of cases that juries would find difficult to understand
Fraud cases
