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Law > Juries 😊 > Flashcards

Juries 😊 Flashcards

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1
Q

In which court are juries used?

A

Crown court

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2
Q

What does the jury decide?

A

Whether a defendant is guilty or not

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3
Q

Where are juries chosen from?

A

Electoral roll

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4
Q

How many members are there on a jury?

A

12

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5
Q

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

A

£5,000

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6
Q

What was the problem before 1972?

A

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

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7
Q

What is the act that states the rules regarding eligibility?

When was this act amended?

A

Juries act 1974

Criminal justice act 2003

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8
Q

3 rules regarding eligibility?

A
  • 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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9
Q

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

A
  • 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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10
Q

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

A

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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11
Q

What act states the rules regarding mentally disordered patients?

A

Criminal justice act 2003

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12
Q

Other disqualifications involving mental illnesses? X5

A
  • 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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13
Q

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

Section
Act

A

Section 9b juries act 1974

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14
Q

Who can discharge a juror and why?

A

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

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15
Q

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

A

Deaf men couldn’t sit on a juror

1995-1999

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16
Q

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

A
  • 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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17
Q

When has summoning jurors the new way been used since?

A

2000

18
Q

How does the summoning of jurors work? X7

A
  • 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
19
Q

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

A
  • 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
20
Q

Reasons jurors may be excused or discharged up to date X4

A
  • being too ill to attend court
  • students with exams
  • difficulties with child care
  • people with pre-booked holidays
21
Q

What may the court do instead of an excusal?

A

A deferral to a more convenient date

22
Q

What is vetting?

A

Checking for suitability

23
Q

Who can view the list of potential jurors?

A

Prosecution and defence

24
Q

What are the 2 types of vetting?

Example cases

A
  1. Checking criminal records for convictions (R V Mason)
  2. Checking of special branch and security services records involving national security and terrorist cases (AG’s guidelines)
25
Q

What occurs after the jury is sworn in?

How many can be made?

A

Challenges are made

3

26
Q

What is the challenge of the array?

Who has the right to challenge?

A

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

27
Q

What is the challenge of the cause? X3 grounds

Who has the right to challenge?

A

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

28
Q

What is the right to ‘stand by’?

Who has this right to challenge?

A

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

29
Q

Alternatives to juries X4

A
  1. Single judge
  2. Panel of judges
  3. One judge, two Lay assessors
  4. Judge and mini- jury
30
Q

Advantages of juries X5

A
  • 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
31
Q

Disadvantages of a juries X7

A
  • 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
32
Q

Strengths of choosing a jury in this way X4

A
  • 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
33
Q

Weaknesses of choosing a jury in this way X6

A
  • 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
34
Q

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

A
  • 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
35
Q

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

A
  1. Sum up cases
  2. State the law
  3. Judge sums up the law
  4. Speaks to the jury
  5. Released from court
36
Q

Can a judge overall a jury’s decision?

A

No

37
Q

What act states that discussions must take place in secret?

A

S8 contempt of court act 1981

38
Q

What case shows an exception to this rule?

A

R V Young 1995

39
Q

Advantages of jury secrecy? X2

A
  • cases kept private

- no one knows who voted guilty or not guilty

40
Q

What is a unanimous verdict?

A

All 12 jurors agree

41
Q

What is a majority verdict?

A

10 to 2 majority

42
Q

What is nobbling?

A

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

Law (12 decks)

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