JURIES Flashcards
What disqualifies for 10 years for being a juror? (6)
-at any in the last 10 years served a sentence of imprisonment
-at any time in the last 10 years had a suspended sentence passed on them
-at any time in the last 10 years had a community order or sentence
-currently on bail
-mentally disordered persons
-excusal
what is the role of a jury in criminal court? (4)
-only used in crown court with non-guilty plea
-decide verdict
-directed acquittal - usually by unanimous
-jury secrecy is sacred
what appeals happen in a civil jury? (1)
appeals more likely on a point of practice (damages have not fit in guidance)
what classifies mentally disordered persons? (1)
criminal justice act 2003
what is the role of a jury in civil court? (1)
decide verdict and damages (compensation) lack of knowledge can be a potential problem.
what is classified as a mentally disordered person? (5)
-a person who suffers or has suffered from mental illness, psychotic disorder, mental handicap or several mental handicap.
-is a resident of a hospital or institution
-regularly attends for treatment
-a person under s7 of the mental health act 1983 (determined by judge to be incapable)
what cases show independence of the jury? (2)
Butshell case (1670)
R v Mkenna (1960)
what is a summary of the butshell case (1670)?
jurors refused to convict Quaker assembling unlawfully which caused the judge to convict them for verdict court of pleas ordered their release because they could not be punished on disagreement of final verdict.
what qualifications are needed to be a juror? (3)
-aged between 18 and 75
-in the electriol role - juries act 1979
-resident of the UK for at least 5 years from age 13
what is a summary of the R v Mkenna case (1960)?
judge threatened jury lock up overnight because of the time being taken to come to a final verdict, when they plea the defendant guilty conviction was quashed because of judges interference.
what is a discretionary excusal? (1)
anyone who has problems which makes it very difficult for them to do jury service may asked to be excused on their period of service.
what disqualifies you for life for being a juror? (5)
-imprisonment for life, detention or custody
-detention during majesty’s pleasure/secretary of state
-imprisonment for public protection, detention or custody
-an extended sentence
-a term of imprisonment for 5 years or more or detention
what happens if you fail to disclose any disqualification? (1)
they will be fined up to £5,000
who were formally excused from juror service? (2)
-prior to 2004 people in certain essential occupations (doctors and pharmacists) had a right to be excused, this was changed under the criminal justice act 2003
-full time members of the forces if they have a certification from there commanding officer.
what are the types of challenging? (3)
-to the array
-for cause
-prosecution right to stand by
can a judge be on a jury? (5)
-yes, they have alright as a private citizen
-excusal will only be granted in extreme circumstances
-deferral should be sought if there are judicial commitments
-should tag if judge hearing case is known to juror
-must follow directions
what is vetting? (1)
once the list of potential jurors is known, both the prosecution and defence have a right to see the list.
what act clears disabled people for jury service? (1)
s913 of juries act 1974
what is meant by dismissal due to lack of capacity? (2)
-person doesn’t understand English adequately
-some disability which makes them unsuitable (blind, deaf)
what are the types of vetting? (2)
-police checks
-wider background checks
what is a case for the bias of legal personnel on a jury? (1)
R v Green (2007)
Hanif v United Kingdom (2012)
what happens if an individual fails to attend jury service? (1)
they may be fined up to £1,000
what are some discretionary excuses? (5)
-being too ill to attend
-suffering from a disability which prevents function
-being a mother with a small child
-business appointments
-examination or holidays that have been prebooked
what is a summary of the Hanif v United Kingdom (2012)? (2)
police officer on the jury alerted the court that knew one of the prosecution police officers (case of the witness was crucial) trial judge ruled that it didn’t matter, the defendant was convicted and appealed. court of appeal upheld conviction. European court of justice and human rights ruled that under article 6 of the European convention of human rights (fair trial)
what is a summary of the R v Green (2007)? (2)
an appeal considered by the house of lords where a police officer or prosecutor was a member of the jury. held that it in itself did not make the trial unfair also held that in a situation where a witness was a police officer from the same situation and a police officer was on jury, could form bias.
what are some cases that show the disadvantages of media influence? (1)
R v Taylor and Taylor (1993)
where are juries used? (3)
-not used in family court
-used in crown court
-used in cases of malicious prosecution and wrongful imprisonment also for slander and libel
when were juries first used? (1)
used in the legal system since Magna certa 1215
what is a summary of the R v Mirza (2004) case? (2)
defendant was Pakistani who settled in the UK in 1988. had interpreter help in trial convicted 10:2 juror said that she had been shouted down when she objected and reminded her fellow jurors of the judges direction (interpreter was not needed)
how does a jury trial work? (7)
-prosecution presents case for crown
-defendant denies charges on facts brought before court
-jury observes, listens and can make notes and destroyed at end of the case
-prosecution and defence will call all defences and witnesses and closing speech
-judge sum up facts and explains law to jury
-jury elects Forman
-then, in private, decides verdict based on facts
what are some cases that show the disadvantages of exceptions? (1)
R v Young (Stephen) (1995)
what are some cases that show the disadvantages of secrecy? (1)
R v Mirza (2004)
what is a summary of the R v Randle and pottle (1991)? (1)
defendants charged with helping Gorge Black escape prison. prosecution did not occur until 25 years after escape. Jury acquitted.
what is meant by perverse decisions? (2)
jury equity is not always a good concept and can make decision that is not justified e.g R v Randle and pottle (1991)
what is a jury? (1)
a voluntary cabinet
what are the advantages of a jury? (5)
-public confidence
-jury equity
-open system of justice
-secrecy of jury room
-impartiality
what are the disadvantages of a jury? (6)
-perverse decisions
-secrecy
-exceptions
-jurors and the internet
-media influence
-lack of understanding
why must a jury announce majority verdicts? (2)
makes sure jury has come to a legal majority under s17 of juries act 1974
ADVANTAGE
What is meant by jury equity? (2)
jurors are not bound to follow otherwise binding precedent and do not have to give reason for verdict for example the pointings case (1984)
what is a summary of the pointings case? (1984)? (2)
civil servant charged under s2 of the official secrets act 1911 for leaking infor on a sinking ship. at trial pleaded not guilty claiming his actions, were of public importance. jury refused to convicted even though judge said that was no defence.
what is a unanimous verdict? (1)
are which all jurors are agreed
what is a directed acquittal? (1)
where a judge decides there is insufficient prosecution evidence to allow the case to continue. Jury is directed to find defendant not guilty.
what is meant when the prosecution stands by jurors? (1)
allows juror who has been stood by to be put to the end of the list so that they are not used on jury, does not have to give reasons.
ADVANTAGE
What is meant by public confidence? (2)
considered one of the fundamentals of a democratic society Lord Delvin ‘the lamp that shows that freedom lives’
what is a majority verdict? (1)
full sub of 12 and a verdict is 11:1 or 10:2
what is meant by challenging for cause? (2)
challenging the right of an individual juror to sit on the sub, must point out valid reason that juror should not sit on jury. disqualified or is related to defendant in someway
what is meant by challenging to the array?
right to challenge is given under s5 juries act 1974 and it is a challenge to the whole jury on the basis that it has been chosen in an unrepresentative or biased way used successfully in the Humford jury in 1993
what is an example where vetting ended in the dismissal of a juror? (1)
R v crown court at Sheffield ex parte brown low (1980)
when are wider background checks given? (3)
-national security when part of the evidence is likely to be given in camera
-terrorist cases
-can only be carried out with attorney general permission
what is the function of a jury? (1)
a decided verdict - guilty or not guilty, sole arbiters of fact but judge directs them on law
