juries

Question 1

what are 2 example of earlier trials?

Answer 1

trial by hot ion, trail by cold water

Question 2

true or false - xeer in Somalia, judges chosen from families, sit in a group called ergo

Answer 2

true

Question 3

what did the Magna Carta 1215 enable?

Answer 3

everyone has the right to a fair trial with a jury

Question 4

what happened in the Bushell’s case (1670) 124 E.R. 100?

Answer 4

refused to pay a fine, imprisoned

a jury cannot be punished for returning the ‘wrong’ verdict, but an individual juror could be punished for poor behaviour

Question 5

what are the 5 justification for juries?

Answer 5

1. involve the community in justice, increase confidence
2. correct jury theorem
3. more demographically representative
4. less power in the hands of unelected public servants
5. manifest will of the people

Question 6

what is jury nullification?

Answer 6

government power intentionally hidden from people that grants a jury the legal right to void unjust laws

Question 7

who can be a juror?

Answer 7

1. 18-70 years old
2. on electoral register
3. lived in the uk for 5 years or more since age of 13
4. not sentenced to prison for 5 years or more, or subject to imprisonment in the last 10 years

Question 8

the case R v Abdroikov & others UKHL 37

Answer 8

one of the jurors in N’s trail was a police officer, no evidence that he knew any of the police witnesses

the judge determined that the police officer could be on the jury as his background knowledge did not negatively impact the trials outcome

Question 9

the finding of the court

Answer 9

‘be judged by the fair-minded and informed observer to be a real and possible source of unfairness beyond the standard reach of judicial warnings and directions’

Question 10

true or false - the uk no longer has peremptory challenges

Answer 10

true

Question 11

what are the challenges for cause in jurors

Answer 11

• if a juror cannot b fair/unbiased or capable of serving as juror
• either side may challenge for cause but not questioned unless facts known to justify questioning

Question 12

case example for challenging jurors Ford [1989]

Answer 12

court of appeal declared that a judge had no discretion to discharge a juror in order to secure a racially-mixed jury nor otherwise to influence the overall composition of the jury

Question 13

suspected bias - Gregory v Uk 1997 ECHR 25

Answer 13

ECtHR held that judges redirection was sufficient to doubts about impartiality of the jury (Article 6)

Question 14

suspected bias - Sander v Uk 2001

Answer 14

legitimate grounds for fearing that tribunal not impartial

Question 15

the final verdict

Answer 15

• asked for unanimity
• if not possible judge may authorise majority of at least 10

Question 16

what happens if a jury cannot reach a final verdict?

Answer 16

they can decide is a retrial is necessary and if there is enough evidence that conviction may occur and is prosecution is still in the public interest