Juries Flashcards
How long have juries been in our legal system?
For 1,000 years
Evidence of them bring used before the Norman Conquest
Who is qualified to be a juror?
18-75 (70)
Electoral register
Uk resident for 5 yrs from age 13
Can people be disqualified from being jurors?
Yes
If sentenced to prison/ youth offenders institution you may be disqualified depending on how long the sentence was + how long ago it occurred
Who is permanently disqualified?
Anyone who:
- Life imprisonment
- Imprisonment/ youth custody 5yrs +
- Detained during HM pleasure
- Imprisoned for public protection
- Extended sentence
- suffers from psychopathic disorder, mental handicap, mental illness (broad term)
Who is disqualified for 10 years?
Anyone who has in past 10 yrs:
- Served term of imprisonment
- Suspended sentence
- Community order
- Other community order passed on them
Are people on bail allowed to be jurors?
NO!
What happens if someone doesn’t disclose that they are disqualified and turns up for jury service?
May be fined un to £5,000
When can judges discharge jurors?
Lack of capability to cope with the trial (doesn’t understand English, disability that takes them unsuitable)
= because can’t have evidence go through 3rd person/ non jurors in jury room
Recently juror = discharged for being too dirty - fleas in his beard
What did the CJA 2003 abolish?
Category of excusals as of right + ineligibility IOT introduce professionalism onto the jury
Before this members of judiciary/ pol officers/ anyone involved in CJS couldn’t serve
However, could cause problems (R v I 2007)
Who are the only category of people who have the right to be excused form jury service?
Full time members of the armed forces
Need certificate from commanding officer
R v I (2007)
Case about dealing heroin Juror = police officer Knew the police officers giving evidence Automatically assumed D = G Appeal was allowed, she should've been asked to stand down
Discretionary excusals…
At courts discretion of the Ct, if good reason is given e.g. exam, job commitment, holiday booked
Cts prefer this than excusing completely
What happens if you are not excused and you fail to attend?
£1,000 fine
What is the 1st stage of selecting a jury?
Central Juror Summoning Bureau
Random list of potential jurors = produced from electoral register
Summons sent out, initially more than 12
Who administers the selection process for the whole country?
Central Juror Summoning Bureau (since 2001)
How is a jury selected once arriving at court?
Divided into groups of 15
Allocated to a Ct
At start of trial, clerk selects 12 at random
‘Praying a Talesman’
What is ‘Praying a Talesman’?
If insufficient jurors, Ct can select anyone qualified passing in the street/ local businesses
Rarely happens
Middlesex Crown Ct 1992 - 1/2 didn’t turn up after New Years
What happens once a list of potential jurors is known?
Prosecution + defence have the right to see this list
Vetting begins
What are the 2 types of vetting?
- Routine police checks - eliminate disqualified
- Wider checks on background and political affiliations
AG guidelines 1988 on when to use it
What is jury vetting?
Refers to the way in which jury members are checked for eligibility
What guidelines did the AG give on when to use the 2nd type of vetting?
Cases involving national security, evidence = likely yo be given in camera, terrorist cases
Ag’s permission = needed
Before jurors are sworn in. what do both sides have certain rights to do?
Challenge 1+ jurors
What are the 2 types of challenges of a juror that can be made?
- To the array
- For cause
Both available to both sides
Challenge to the array…
Juries Act 1974, whole jury can be challenged
On basis = chosen in an unrepresentative /bias way
‘Romford’ jury in Old Bailey 1993
Under what Act can the whole jury be challenged?
Juries Act 1974
‘Romford’ jury in Old Bailey 1993…
Successful use of challenge to the array
9 out of 12 jurors = from Romford
2 lived 20 doors from each other
Challenge for cause…
Challenging the right of an individual juror to sit
Musy have valid reason
e.g if disqualified, knows someone in case
If not removed, conviction could be quashed - R v Wilson and Sparson (1995)
R v Wilson and Sparson (1995)
Wife of prison officer
Asked to be excused (challenge for cause)
Rejected, she served
Jury convicted both Ds of robbery
Ds = on remand in prison where her husband worked
CA: ‘justice must not only be done but must be seen to be doe, her presence prevented that’
Convictions = quashed
What did the CA say in the case of R v Wilson and Sparson (1995)?
‘Justice must only be done but must be seen to be done and her presence on the jury prevented that’
What is the prosecutions right to stand by jurors?
Once the 12 have been selected, prosecution can ask any individual juror to stand by
Go to the bottom of list, only used if not enough jurors to make up the 12
e.g. rape cases to remove female jurors
no reason needs to be given
AG Guidelines 1988 - power should be used sparingly
Why has the prosecutions right to stand by jurors been criticised?
Interfers with random selection process
Defence has no corresponding right - peremptory challenge = abolished (give prosecution advantage?)
What is the role of the jury?
Used when the D pleads NG
Decides if the D = G/NG - try the facts of the case
What is the judges role in relation to the jury?
Split function
Has the power to direct the jury to acquit on the grounds of insufficient evidence (directed acquittal - 10% cases)
Sums up for jury
Directs them on point of relevant law
Does a judge have to accept a jury’s verdict?
Yes, even if he disagrees with it
Established in Bushell’s case 1670
Bushell’s case 1607
Jurors refused to convict Quaker activist of unlawful assembly
Judge wouldn’t accept NG verdict
Ordered juror resume without food/ drink
Jurors persisted - Ct fined + imprisoned them until fines paid
Ct of Commons ordered their release - held that jurors couldn’t be punished for their verdict
Established that jurors = sole arbiters
What did the Criminal Law Act 1977 do?
Removed the right to a jury in a sig no. of offences
e.g. criminal damage under £5,000, making them summary offences only
Verdicts…
1st try to reach U.V
After at least 2 hours, M.V = accepted
With 12 jurors = 11-1 0r 10-2
If jury falls below 12, only once can disagree (10-1, 9-1)
Only 9 jurors, must be U.V
Cannot drop below 9
Judge can’t pressurise jury to reach a decision - McKenna (1960)
McKenna (1960)
Judge told jury if didn’t reach decision in 10 mins = lock them up all night
Came back 6 minutes later with G verdict
Conviction = quashed by CA
Can we find out how the jury reached their verdict?
No
Discuss in private
No inquiry can be made into how they reach deter decision
What is a problem with juries discussing in private?
Don’y know if the jury understood the issues involved in the case
However, they are able to ask the judge for clarification
What are the criticisms for the jury selection process?
Electoral reg - excludes those unable to reg (homeless)
Disqualified jurors - 1/24 London jurors
Too many discretionary excusals
Prosecution right to stand by
What are the 8 advantages of the jury?
- Public confidence - Lord Devlin
- Jury equity - Not bound by precedent, perverse + sympathy verdicts (R v Owen)
- Helps keep law clear
- Justice is seen to be done by public
- Secrecy - free from pressure
- Impartiality
- Cross section of S - cancel out juror biases
- Not case hardened
What did the Runicman Commission 1993 recommend in relation to multi-racial juries?
Exceptional circumstance prosecution/ defence should be apply to apply for selection of jury to have up to 3 jurors from ethnic minorities
Should be same minority as D/V
Wasn’t implemented
What are perverse verdicts?
One which goes against all the evidence of the case
Pointing (1984)
R v Owen
Man attempted to kill lorry driver who had killed his son
Received v. lenient sentence
Jury acquitted him of all charges
Even though he had brought gun, aimed, fried at man and injured his GF
Sympathy verdict
What are the 10 disadvantages of juries?
- Media Influence (Rose West)
- Influenced by eloquent lawyers (R v Alexander)
- High acquittal rates (60%)
- Secrecy (Young 1991)
- Lack of understanding (Runciman report 1992)
- Jury nobbling/ intimidation
- Don’t always follow rules (2010, Facebook)
- Emotional strain (Wests)
- Slows down case - ££
- Civil cases - too generous with damages
What did Rose West try to argue in her case in relation to the media coverage?
Appealed to CA
Argued; media coverage she didn’t get a fair trial
Appeal = rejected
R v Alexander (2004)
Women sent notes to a barrister asking for a date
Ds appeal = dismissed due to strength of evidence against him
But shows how jury may be swayed
What did a survey for Runciman 1992 discover?
Just fewer than 10% of jurors admitted that they had difficulties in understanding the evidence
0.2% couldn’t understand English well enough to follow the case.
Young (1991)
D charged with murder
Jurors stayed overnight, undecided
At hotel held seance using ouija board, trying contact Vs
Returned G verdict the next day
When seance = revealed, CA quashed verdict + ordered retrial
Ct could inquire into hotel - not in jury room
What are the 4 alternatives to using a jury?
- Trial by a single judge - thought to be fairer, more predictable, mainly used in civil cases
- Panel of judges - 3/5 judges, seen in European countries
- A judge + 2 lay assessors
- Mini-jury - reduce the number of jurors (Spain = 9 at most)
What does Lord Devlin say about the use of juries?
‘Juries are the lamp that shows that freedom lives’
When are juries used?
Crown Ct
97% criminal cases = Mag Ct
Therefore juries only hear 1% all criminal cases
Civil cases - award damages
Coroners Ct - enquire into death, jury = between 7 and 11
Give an example of when ‘praying a talesman’ has been used
Middlesex Crown Ct 1992
In what year were majority verdicts first introduced?
1967
