Juries Flashcards
Lecture 6
1
Q
What is a jury?
A
- 12 ordinary people, selected at random from the electoral register, to decide be the “trier of fact” and decide the guilt of defendant
- They decide what’s true + ultimately deciding guilt/innocence of defendant in trial
2
Q
What is the function of the jury?
A
- To decide the facts
- Judge directs them as to the law
- They apply the law to the facts
- Solely on the facts, they decide D’s guilt
- Judge does not decide guilt in a jury trial and cannot tell the jury how to decide
3
Q
Why do juries play a vital role? (arguments in favour of jury)
A
- Judged by peers (members vary from any background and don’t need great legal knowledge)
- Works for benefit of public, not unjust leaders
- Ensures no chance for abuse by political leaders to silence opponents
4
Q
What can we learn from the case of Bushell’s Case? (1670)
A
- Jury refused to reach guilty verdict in case of tqo quakers arrested for preaching in street
- Judge ordered jury to convict but they still refused (they all went to prison)
- Tried in an other court and was held: judges cannot punish jurors for reaching a verdict they did not like
5
Q
What can we learn from the case of R v Wang?
A
- When bag recovered, blades were found in defendant’s bag. He claimed he is Buddhist and uses it as he is uncomfortable leaving them at home
- Judge decided to aquit the defendant on basis of conscience
- No circumstance in which a judge is entitled to direct a jury to return a verdict of guilty
6
Q
Find cases that are related to “jury equity”
A
- Clive Ponting: trial judge told jury that D had no defence to charge but jury acquitted anyway
- Drake: jury acquitted as actions were justified to prevent further damage of environment
- Colston Four: people accused of illegally removing statue of Colston were cleared of criminal damage
7
Q
How would the jury give a verdict?
A
- Ideal = unanimous verdict
- Majority verdicts introduced, accepted where no fewer than 11 jurors and 10 agree or 10 jurors and nine agree
8
Q
When a juries used? (Criminal cases)
A
- Mainly Criminal cases - symbolic but only in 1% of cases
- Least serious of criminal offences heard in magistrates court (95%) = no juries (no need for jury in Crown if D pleads guilty)
- Sought to reduce us in criminal cases to save money
9
Q
When are juries used? (Civil cases)
A
- s.69 Senior Courts Act 1981: Fraud, Defamation, Malicious prosecution, false imprisonment
- Right not absolute + can be denied for efficiency {e.g., Beta Construction Ltd case}
10
Q
Who can be a juror? (previously)
A
- Fundamental principle that juries should be representative
- Trial by your peers
- Prior to 1974: those who owned a home over prescribed rateable value (95% of women and 3/4 of electoral register ineligible)
11
Q
What about qualifications for jury service now? (Criminal Justice Act 2003 s.321 and schedule 33)
A
- Aged 18 to 70 (raised to 75 later)
- On electoral register
- Resident in the UK, Channel Islands or Isle of Man
- Not mentally disordered or not disqualified from jury service
12
Q
What are some excusals for jury service?
A
- Insufficient understanding of English
- Beliefs incompatible with jury service
- Business reasons
- Physical disability (making attendance difficult) W
13
Q
What are some deferrals for jury service?
A
- Caring responsibilities
- Holiday/religious festivals
- Teachers/students during exams
- Conflicting with other public duties
- Work commitments
14
Q
Why can jury members feel distressed?
A
- Exposed increasingly to horrific evidence within trials
- Rise in sexual offence cases
- No chance to discuss with anyone else (linking to jury secrecy)
15
Q
What are some strengths [+] and weaknesses [-] of jury service?
A
- Public participation [+]
- Certainty [+]
- Competence [+]
- Ability to judge according to conscience or perverse verdict [+/-]
- Jury tampering [-]
- Distress to jury members [-]
- Races and juries [+/-]
16
Q
What can we learn from the case of R v Frail?
A
- Juror contracted defendant’s co-accused after their acquittal but before defendant’s trial complete (Facebook) (8 month sentence)
- Jurors not allowed to access the internet during court
17
Q
What can we learn from the case of R v Usman?
A
- Juror sang “Tell me lies” in a break during cross-examination to communicate person was lying
- Whilst amounted to contempt it did not require all 12 jurors to be discharged (11 jurors confirmed they will remain true to their oath)
18
Q
Provide arguments in favour of jury secrecy.
A
- Ensures freedom of discussion in jury room
- Protects jurors from outside influence/harassment
- May respect decision less if public knows their verdict
- Without secrecy citizens would be reluctant to serve as jurors
- Ensures finality of verdict
- Brings unpopular verdicts
- Prevents unreliable disclosures
19
Q
Provide arguments against secrecy.
A
- Making juries more accountable
- Easier to inquire into reliability of convictions
- Showing where reform is required
- Educating the public
- Ensuring each juror’s freedom of expression
20
Q
What is jury tampering?
A
An unlawful attempt to influence a jury’s decisions
