Juries Flashcards

1
Q

What historical document first established the use of jury trials in England?

A

The Magna Carta in 1215.

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2
Q

What principle was established in Bushell’s Case (1670)?

A

Jurors are ‘the sole arbitrators of fact’ and are free from judicial influence.

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3
Q

What did the Supreme Court establish in R v Wang (2005) regarding jury verdicts?

A

There are no circumstances in which a judge can direct a guilty verdict.

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4
Q

What are the four types of courts where juries are used?

A

Crown Court, High Court of Justice (QBD), Coroner’s Court, County Court.

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5
Q

How many jurors are typically in a Crown Court?

A

12 jurors.

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6
Q

What is the purpose of the jury in a Crown Court?

A

To decide whether the defendant is guilty or not guilty beyond reasonable doubt.

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7
Q

What does Section 44 of the Criminal Justice Act 2003 allow for?

A

Trial by judge alone if there has been or is a risk of jury tampering.

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8
Q

What is the minimum number of jurors required for a majority verdict?

A

10 jurors.

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9
Q

What is ‘jury nobbling’?

A

The process of influencing individual jurors or a whole jury to achieve a desired verdict.

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10
Q

In what circumstances may a jury be used in a Coroner’s Court?

A

If there is reason to suspect violent or unnatural death, death in custody, or a notifiable accident.

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11
Q

What types of civil cases can juries be used in according to the Supreme Court Act 1981?

A

Malicious prosecution, false imprisonment, and fraud.

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12
Q

What significant change regarding civil jury trials was made by the Defamation Act 2013?

A

It removed defamation cases from jury trial.

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13
Q

What basic criteria is established under the Juries Act 1974 for jury eligibility?

A

Anyone aged 18-70, a UK resident for 5 years, on the electoral register, and of stable mind.

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14
Q

What act made changes to the age limit for jury eligibility?

A

Criminal Justice and Courts Act 2015.

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15
Q

What was the consequence of serving a prison sentence for less than 5 years, according to the Disqualification Act 1984?

A

Banned from jury service for 10 years.

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16
Q

What principle was established in the Osman case regarding disability and jury service?

A

Disability should only disqualify someone if it affects their ability to serve as an effective juror.

17
Q

What is discretionary excusal in jury service?

A

A temporary delay in service, typically for personal reasons, usually only for up to 6 months.

18
Q

What report led to reforms in the Criminal Justice Act 2003 regarding excusal as of right?

A

Auld Report 2001.

19
Q

Who were previously excused as of right from jury service before 2003?

A

Police officers, judges, and CPS officers.

20
Q

In R v Abdroikof and Others (2007), what was the nature of the case?

A

A joint appeal case concerning jury selection.

21
Q

What is the purpose of jury vetting?

A

To ensure jurors meet the required eligibility and to check for disqualifications.

22
Q

What cases established guidelines on how jurors should be vetted?

A

ABC Trial 1978.

23
Q

What are the three ways the prosecution and defense can challenge jurors?

A

Challenge to the Array, Challenge for Cause, Stand by (Prosecution Only).

24
Q

What is a Challenge to the Array?

A

A challenge to the whole jury based on improper selection.

25
What do individuals need to prove in a Challenge for Cause?
That a juror is disqualified or has a conflict that affects impartiality.
26
Who can utilize the right to Stand By jurors?
Only the prosecution.
27
What are the advantages of jury trials according to proponents?
They provide the right to a fair trial, public confidence, and protection against jury tampering.
28
What are some disadvantages of jury trials that critics point out?
Limited understanding of the law by jurors and the secrecy of jury deliberations.
29
What are some proposed reforms or alternatives to jury trials?
Trial by judges, panels of judges, judge plus lay assessors, mini juries, and professional jurors.
30
What does the term 'jury equity' refer to?
The notion that juries can deliver justice in a way that is not solely based on strict legal standards.
31
What is the purpose of the Coroners and Justice Act 2009 concerning juries?
To define the circumstances under which juries will be used in Coroners' Courts.
32
What is the role of the jury in the High Court of Justice (QBD)?
To hear evidence in civil disputes and decide on liability and damages.
33
What does the jury's secrecy protect them from according to the Contempt of Court Act 1981?
Being questioned about their verdict.