juries Flashcards
What outlines who is eligible for jury service
S1 Juries Act 1974 as amended by the Criminal Justice Act 2003
What makes someone eligible for jury service
-between 18 -75 years old
-must have been a UK resident for at least 5 years since 13th birthday
-be on the electoral register
Under the mental health act 1983
Mentally disordered people are considered to be unfit for jury service e.g Psychopathic disorders
Permanent disqualification
For those imprisoned for over 5 years
Temporary 10 year disqualification
For those imprisoned for less than 5 years
What makes somebody incapable for jury service
-They don’t understand English
-blind/death
S9 Juries Act 1974 allows
for people to be excused from jury service, or have it deferred to a more convenient time, if they have a ‘good reason’. For instance, being unable to get child care, or having upcoming exams.
How are jurors selected?
At random by a computer by the Central Juror Summoning Bureau
What does vetting mean?
routine police checks carried out on jurors to check they are not disqualified and in exceptional cases e.g terrorism, wider background checks
At court the court clerk selects __ out of __ jurors from random
12, 15
Before being sworn in the defence and prosecution have the right to challenge. What are these challenges called?
- Challenge to the array (whole duty)
- Challenge for cause (single juror)
R v Fraser
challenge made to the whole jury, usually because it is
unrepresentative in some way
R v Wilson and Sprason
Challenge to an individual juror e.g because that the juror knows/is connected to someone involved in the case
Prosecution also has the extra right to ask a juror to ‘stand by for the crown’. What does that mean?
Juror will be sat at the bottom of the list and will only be used if there is no one else. No reason needed.
End of selection process for jurors:
Jurors swear in and take an oath promising to base their verdict only on the evidence expressed in court
Attorney General v Dallas
It is a crime to research a case
Bushell’s case
The judge cannot influence a juror’s decision
R v Counsell
Jury must follow judges order for a directed acquittal
Contempt of Court Act 1981
The jury make their decision in the jury room in secret. They must not disclose any information discussed to anyone outside.
R v Jenkins
If less than 10 jurors agree, it is a hung jury and D faces a retrial with a new jury,
What offences will a jury hear
Indictable and Triable Either Way offences where the D has pled ‘not guilty’
What is the jury’s task?
decide the verdict of the case which they must base solely on
the evidence given to them in court by the prosecution and defence
What must the jury listen to?
the judge’s summary of the case and to any guidance given on points of law. They must also listen to his directions on the burden and standard of proof.
What should the jury do if they want to ask a question?
they can ask questions by passing a note to the usher who gives it to the judge.
What is a foreman/woman
Someone selected from the jury who must control discussion in the jury room and read out the verdict
A unanimous verdict is required at first. However, if they have deliberated for 2 or more hours, the judge can (but doesn’t have to) accept a legal majority which is at least
10 jurors
The Juries Act 1974 says the foreman must
read out the number of jurors agreeing/disagreeing
What is a hung jury?
When less than 10 jurors agree
Adv of jurors (jury equity)
I: One advantage of juries is jury equity
C: Jurors can decide verdict according to what they think is morally right and wrong, they do not have to follow the law if they think it is unfair.
E: R v Owen
C: Jurors can decide verdict according to what they think is morally right and wrong, they do not have to follow the law if they think it is unfair.
B: Jury are making perverse decisions
adv of jurors (secrecy)
I: One advantage of juries is secrecy
C: The Contempt of Court Act 1981 makes it an
offence to share discussions which take place in the jury room. They also do not need to
reveal any reasons for their decision (Bushel’s case).
E: higher acquittal rates in Crown Courts (about 60%) than Magistrates’ Courts).
C: Secrecy makes the jury system more effective
B: we do not know how juries are making
their decisions, and could lead to unfairness in cases such as R v Young where a Ouija
board was used to determine D’s guilt.
Adv of jurors (confidence)
I: the public have confidence in the jury
C: it is a ‘trial by peers’ - D is judged by ordinary members of the public rather than just one legal expert
E: 80% of people would trust a jury rather than magistrates
C: shows support and agreement with the justice system
B: it is easy for juries to be prejudiced by
finding information online, such is in AG v Dallas
adv of jurors (impartial)
I: Juries are impartial
C: Jury members cannot know anyone involved
in the case and will therefore not have any personal bias against those involved.
E: R v Wilson and Sprason
C: the decision is based purely on the evidence in court, and that justice is actually achieved in the way we want.
B: there is no way to tell if people have bias based on things like race or profession,
Disadv of jurors (perverse)
I: The jury system make perverse decisions
C: they are ignoring the law and basing their
decision on their conscience
E: R v Owen
C: defeats the point of the law if the jury can just ignore it
B: it allows for flexibility
disadv of jurors (secrecy)
I: Jury decisions are done in secret
C: The Contempt of Court Act makes it an offence to share discussions which take place in the jury room. They also do not need to reveal any reasons for their decision (Bushel’s case).
E: R v Young, the jury used a Ouija board to ask V who the killer was.
C: we can’t tell if the jury are actually using the evidence to make a decision or random information/prejudice.
B: jurors should be more open and honest with their thoughts because they do not have the fear of being judges/pressured
disadv of jurors (bias)
I: Modern technology could bias the jury
C: Information about cases and Ds is widely available on the internet
E: In 2010, 12% of jurors in high profile cases admit using the internet. This was the problem in AG v Dallas and has led to the Criminal Justice and Courts Act 2015.
C: Details may prejudice the jury
B: public trust juries more then mags
disadv of jurors (bias)
I: members of the jury may have bias based on race or profession
C: some people find certain jobs more or less honest or have prejudice against other races.
E: Sander v UK, racist to defendant
C: justice is not being achieved
B: we can try to minimise the bias by not allowing anyone connected to
the case personally to sit on the jury
