juries

Question 1

qualification of juries (3+ 1 act)

Answer 1

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

Question 2

who is disqualified for life of being a juror

Answer 2

those imprisoned for life
sentence of imprisonment is 5 years +

Question 3

who is disqualified for 10 years

Answer 3

served a sentence for less than 5 years
on a suspended sentence
community order given

Question 4

other disqualification

Answer 4

on bail

Question 5

who is ineligible

Answer 5

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

Question 6

how can people be excused from being a juror

Answer 6

previously booked a holiday
exam
operation
armed forces officer- may be needed somewhere else

Question 7

evaluation of juries- positives (4)

Answer 7

democratic
jury equity (fairness)
secrecy of the jury room
impartial

Question 8

democratic dev

Answer 8

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.

Question 9

extra for democratic

Answer 9

inspires public confidence in the system

Question 10

jury equity dev

Answer 10

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.

Question 11

jury equity extra

Answer 11

although it should be up to the judge to pass a lenient sentence as they have more experience

Question 12

secrecy of the jury room dev

Answer 12

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.

Question 13

secrecy of jury room extra

Answer 13

dont know whats being said in there- could be racist, homophobic etc

Question 14

impartial dev

Answer 14

fairer than judges or mags as they’re seen as ‘peers’ of the defendant. the random selection tries to eliminate prejudice and bias

Question 15

impartial extra

Answer 15

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.

Question 16

negatives of a jury points (4)

Answer 16

incorrect decision given
outisde influences
jury secrecy
lack of understanding

Question 17

incorrect decision given dev

Answer 17

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.

Question 18

extra for incorrect decision making

Answer 18

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.

Question 19

outside influence dev

Answer 19

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.

Question 20

extra for outside influence (act inc)

Answer 20

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.

Question 21

jury secrecy dev

Answer 21

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

Question 22

lack of understanding dev

Answer 22

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

Question 23

lack of understanding extra

Answer 23

may find these hard to understand therefore during the trails they may zone out/ miss key information

Question 24

secrecy of the jury extra

Answer 24

fundamental requirement of jury trials and appeals refused on the basis of speculation