Juries Flashcards
1
Q
What is the history of juries?
A
- Came to Britian following the Norman Conquest
- They acted as witnesses gathering information
- Henry II formed the common law judicial function of juries
- Juries knew as little as possible about the facts before the trial
- Bushell’s case signified the independence of the jury and a judge cannot challenge a juries decision
2
Q
What are jury qualifications and disqualifications?
A
- They are aged between 18-75
- They have to be registered to vote
- Resident of the UK for at least 5 years since there 13th birthday
- Someone will be permanently disqualified if they have been sentenced to life imprisonment or are imprisoned for public protection, they have an extended sentence, they have a term of imprisonment for five years or more, they are currently on bail or have any mental disorders
3
Q
Does the jury have any right to be excused?
A
- As of 2004, there is no right to be excused
- The Criminal Justice Act 2003 introduced discretionary excusal which you can apply to excuse or defer your jury service if you need to and it is sufficiently appropriate
- The jury service will be pushed back to a later date rather than absolute excusal
- If a person is not excused and does not turn up, they may be fined up to £1000
- Lawyers and Police Officers were excused until 2003 but they are now eligble to serve on a jury unless they are involved in the case
- Judges can also sit on a jury as a private citizen, they can choose whether to tell others their profession
- Excusals and defferals of judges can be made in extreme circumstances
- Some disabilities mean they are exempt such as deaf person, blind person, lack of capacity
4
Q
How do they select a jury?
A
- Names are chosen randomly from the electoral register where they are then expected to complete two weeks of jury service
- They may be asked beforehand if they will be able to sit for longer
5
Q
What is vetting?
A
- The prosecution and defence will have access to the list so jurors can be vetted through police checks and wider background checks
- As seen in R v Mason, they have a right to check if they are disqualified
- There should be checks on a juror’s background and their political affiliation in cases such as national security and terrorist cases
- Jurors will be divided into groups of 15 and sent to a court room where the court clerk will select a random 12 of the 15
6
Q
Can the defence/prosecution challenge the jurors?
A
- The 12 jurors will swear an oath where the defence and prosecution have a challenge the jurors on the basis
1. To the array as it may be bias/unrepresentative
2. For cause as they can challenge an individual for a valid reason such as disqualification
3. Prosecutions right to stand by jurors which is putting a certain juror at the end of a queue
7
Q
What is the split function?
A
- The trial has two aspects, the judge and the jury
- The judge decides on point of law and the jury decides the facts
- The judge has the power to direct the jury to acquit the defendant if there is no case
- A directed acquittal where a judge decides there is insufficient prosecution evidence to allow the case to continue. A jury is directed to find the defendant not guilty
- If the case continues, a jury hears the case and retires to a private room to come to an unanimous decisision
8
Q
What are majority verdicts?
A
- After 2 hours and the jury hasnt reached a verdict, the judge can call it back to the courtroom and accept a majority verdict
- A jury cannot go below 9 people as a unanimous decision must be made
- It can either be 10:2 or 11:1 since 1967
- Majoritiy verdicts were introduct to combat nobbling
- 20% a year are majority verdict
9
Q
Is jury discussion in secret?
A
- It is in a private discussion room and there can be no inquiry into how the jury reached it’s decisison
- It is illegal to discuss jury discussions unless when it is to report juror misconduct
10
Q
What are advantages to having a jury?
A
- There is public confidence in the jury and is a fundamental part of society
- It is decided on fairness rather than precedent
- It is an open system of justice to keep the law clear
- There is a secrecy of the jury which is free from pressure
- It is impartiality so should cancel out other biases and they are not connected to anyone in the case
11
Q
What are disadvantages to the jury system?
A
- Decisions are not justified and they may refuse to convict even when there is clear evidence. Seen in R v Randle and Pottle
- Secrecy meaning there is no way of knowing if the jury understood the case
- They cannot inquire into jury room discussions unless there has been extraneous material
12
Q
What are external influences in the juries?
A
- Judges direct jurors not to look at the internet
- Some jurors still have prejudices against certain people but it is encountered in the vetting processes
- Media influence can especially prevalent in high profile cases
- Jurors may have a lack of understanding
- Jury tampering, friends of the defendant may interfere with the jury through bribing and threatening
13
Q
Do some juries face resistance?
A
- Some jurors do not agree with compulsory jury service or against the wholse system
- Some may rush their verdict so they can leave
14
Q
What is the differences between magistrates and juries?
A
- They both use members of the community in making their decisions
- There is a better balance of gender, ethnic minorities yet are more middle classed and middle aged
- Jurors are from the local community therefore beneficial for having local knowledge of particular problems
- Jurors are from a more cross-section of the local society
- Juries doesnt save money as there is a judge present and adds to the length
- Jurors have no training and sit in complicated trial therefore do not understand the trial
15
Q
What are alternatives of the jury?
A
- Trials by a single judge
- A panel of judges which allows a balance view and is expensive
- A judge plus lay assessors
- A mini-jury in other countries
