Juries 😊 Flashcards by Phoebe Spencer-Hall

In which court are juries used?

Crown court

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What does the jury decide?

Whether a defendant is guilty or not

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Where are juries chosen from?

Electoral roll

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How many members are there on a jury?

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How much may you be fined if someone doesn’t turn up and hasn’t disclosed it?

£5,000

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What was the problem before 1972?

Only owner of dwelling could be put on jury service so women and young children were therefore excluded

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What is the act that states the rules regarding eligibility?

When was this act amended?

Juries act 1974

Criminal justice act 2003

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3 rules regarding eligibility?

aged between 18 and 70
registered at overall electoral roll
have lived in the UK for at least 5 years since the age of 13

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What 4 things may cause someone to be permanently excluded from jury service?

those serving life imprisonment
those imprisoned for public protection reasons
serving an extended sentence
serving a term of imprisonment of five years or more

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When might someone be excluded from performing jury service for a set amount of time? X4 points

If have at any time in the last 10 years…..

served a sentence of imprisonment
had a suspended sentence passed on them
had a community order
is on bail

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What act states the rules regarding mentally disordered patients?

Criminal justice act 2003

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Other disqualifications involving mental illnesses? X5

disqualified if you are a person who suffers/suffered a mental illness or disorder
is a resident in a hospital or institution
regularly attends treatment by a medical practitioner
person under guardianship (S7 of mental health act 1983)
person under part 7 that has been deemed incapable of administering his duty

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What act states that “the mere fact of a disability doesn’t prevent someone acting as a juror”?

Section
Act

Section 9b juries act 1974

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Who can discharge a juror and why?

Judge- satisfied that the disability means that the juror is not capable of acting effectively as a juror

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What has been the issue in relation to deaf jurors? Year?

Deaf men couldn’t sit on a juror

1995-1999

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What two problems would this cause if deaf jurors were allowed to sit on a jury?

interpreter needed and an extra person is unlawful- only 12
juror couldn’t pick up tone of voice from everyone present which was important

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When has summoning jurors the new way been used since?

2000

How does the summoning of jurors work? X7

computer randomly selects 150 people from the electoral register
those are summoned by letter giving dates, courts and times
jurors must arrive and then wait in the “pool” at the courts
jury summoning officers may ask questions
jurors are divided into 15 and each allocated a court room
12 from the 15 are randomly selected
they are sworn in and challenges are made

Why might a person be excused? OLD RULES….. X5

anyone 65-70 years old
anyone who did jury service in the last 2 years
members of parliament
those in a medical profession
those in the armed forces- if their absence from duty would be prejudicial if the efficiency of the service

Reasons jurors may be excused or discharged up to date X4

being too ill to attend court
students with exams
difficulties with child care
people with pre-booked holidays

What may the court do instead of an excusal?

A deferral to a more convenient date

What is vetting?

Checking for suitability

Who can view the list of potential jurors?

Prosecution and defence

What are the 2 types of vetting?

Example cases

Checking criminal records for convictions (R V Mason)
Checking of special branch and security services records involving national security and terrorist cases (AG’s guidelines)

What occurs after the jury is sworn in? | How many can be made?

Challenges are made | 3

What is the challenge of the array? | Who has the right to challenge?

The right to challenge the whole jury on the basis that it has been chose in an unrepresentative or biased way Defence

What is the challenge of the cause? X3 grounds | Who has the right to challenge?

Right to challenge individual jurors on the following grounds: - juror is not qualified to serve - juror is biased - juror may reasonably be suspected of bias Defence and prosecution

What is the right to 'stand by'? | Who has this right to challenge?

May also require any number of jurors to stand by Can put certain jurors at the bottom of the list without giving a reason- used sparingly Prosecution

Alternatives to juries X4

1. Single judge 2. Panel of judges 3. One judge, two Lay assessors 4. Judge and mini- jury

Advantages of juries X5

- variety of the population (18-70 years) - creates a democratic society - jury secrecy- free from pressure - people seem to have confidence in the impartiality and fairness of a jury trail - old tradition

Disadvantages of a juries X7

- unjustified decisions as juries have refused to act in the past (R V Kronlid) - lack of law knowledge - juror bias - media coverage can influence jurors especially in high profile cases (R V West) - trails can be long and complicated - jury tampering so guilty people may walk free - 60% of those who plead NOT guilty at the crown court are acquitted

Strengths of choosing a jury in this way X4

- variety within the age group (18-70) - ensured the people chosen have no illnesses that can affect opinions - there are deferrals available - ensures criminals can't be on the jury

Weaknesses of choosing a jury in this way X6

- right to an excusal - discrimination within race and gender - occupation affects being on the jury - deaf people and those with mental illnesses are not allowed to be part of the jury - jurors don't get to prepare for the cases that could come up - not a true representation of the population if they are excluding certain groups of people

What did Lord Woolf state after a lord was called for jury service? X6

- judge is part of his duty as a private citizen - excusal only granted on extreme circumstances - deferrals should be sought if the judge has judicial commitments - judge should ask member of staff - up to the judge if he wants to discuss his position with the other jury members - judges must follow directions given by the trail judge even if they believe info is inaccurate

What happens once the prosecution and defence stated their cases? X5

1. Sum up cases 2. State the law 3. Judge sums up the law 4. Speaks to the jury 5. Released from court

Can a judge overall a jury's decision?

What act states that discussions must take place in secret?

S8 contempt of court act 1981

What case shows an exception to this rule?

R V Young 1995

Advantages of jury secrecy? X2

- cases kept private | - no one knows who voted guilty or not guilty

What is a unanimous verdict?

All 12 jurors agree

What is a majority verdict?

10 to 2 majority

What is nobbling?

Jurors being bribed or intimidated by associates of the defendant into voting for or not voting for a guilty verdict