juries Flashcards
qualification of juries (3+ 1 act)
set out in the juries act 1974
aged between 18-65
registered to vote
resident of the uk for at least 5 years since the age of 13
who is disqualified for life of being a juror
those imprisoned for life
sentence of imprisonment is 5 years +
who is disqualified for 10 years
served a sentence for less than 5 years
on a suspended sentence
community order given
other disqualification
on bail
who is ineligible
those with certain mental health issues
cant speak or understand English
those with a disability which would stop them from carrying out the role e.g deaf people
how can people be excused from being a juror
previously booked a holiday
exam
operation
armed forces officer- may be needed somewhere else
evaluation of juries- positives (4)
democratic
jury equity (fairness)
secrecy of the jury room
impartial
democratic dev
Having a diverse group of jurors from different backgrounds helps ensure that biases and prejudices are minimized. While individual jurors may have their biases, the collective deliberation process often leads to a more impartial decision, as biases are challenged and discussed within the group.
extra for democratic
inspires public confidence in the system
jury equity dev
when a jury makes a decision its fair rather than just legally correct. It prevents unjust laws from being rigidly enforced and allows for individual circumstances to be taken into account.
jury equity extra
although it should be up to the judge to pass a lenient sentence as they have more experience
secrecy of the jury room dev
nobody knows whats been said in the room so it helps avoid outside influence which can breach this confidentiality, leading to distrust among jurors and undermining the integrity of the deliberation process.
secrecy of jury room extra
dont know whats being said in there- could be racist, homophobic etc
impartial dev
fairer than judges or mags as they’re seen as ‘peers’ of the defendant. the random selection tries to eliminate prejudice and bias
impartial extra
In addition, judges and magistrates tend to become ‘case hardened’ as they see criminal cases so often, and often side with the prosecution. This is much less likely to happen with a jury who will only be in court for a two week period.
negatives of a jury points (4)
incorrect decision given
outisde influences
jury secrecy
lack of understanding
incorrect decision given dev
R v Kronlid, where jurors acquitted (freed them) the defendants who admitted to causing criminal damage to a warplane, but pleaded not guilty as they said they were justified as they were preventing the plane from committing war crimes on innocent people in Indonesia.
extra for incorrect decision making
t if a jury of 12 members – who exist to represent society – do not feel that the defendants should be punished for what they have done, then it would be wrong to convict them of a crime anyway.
outside influence dev
This might include the use of the internet or the comments of the media, as happened in R v Taylor, where the murder convictions of two sisters were overturned on appeal as the media coverage had been so sensationalized, it must have impacted the opinions of the jury.
extra for outside influence (act inc)
In addition, there is a risk of jury tampering, where jurors may be bribed or threatened by third parties to influence the outcome of the case. Under s.44 Criminal Justice Act 2003, a trial can take place without a jury in exceptional circumstances if there is a risk of this happening.
jury secrecy dev
there’s a risk that jurors may engage in misconduct during deliberations without fear of repercussions. This could include biases, prejudices, or other improper considerations influencing the verdict
lack of understanding dev
some cases are extremely long and complicated and these 12 jurors do not have any legal training. found that 2 in 3 didn’t fully understand their case
lack of understanding extra
may find these hard to understand therefore during the trails they may zone out/ miss key information
secrecy of the jury extra
fundamental requirement of jury trials and appeals refused on the basis of speculation
