Juries Flashcards
How long have they been used
Over 1000 years
Independence of jury case
Bushell Jury refused to convict quakers Judge then didn’t give them any food or drinks nd court fined them and sent to prison Court of appeal released them Can’t be punished for there verdict
Which court
Crown
3 Qualifications
Aged 18-75
Registered to vote
Resident in uk for 5 years since age of 13
Disqualified while on
Bail
Disqualified for life if
5 year+ prison sentence
Disqualified for 10 years if
Served prison sentence
Community order
3 people excused
Excusal - Members of armed forces
Discretionary - ill, business commitments, good reason
Mentally disordered
If fail to say you’re disqualified you get fined
£5000
What is vetting
Checkin suitability
2 types of vetting
Police checks - criminal records
Wider background check - cases involving national security
Challenge to the array is
A challenge to the whole jury on the basis it has been chosen in an unrepresentative way
3 steps of selection
Central office selects names form lists of electors
Summons sent to these people
Must attend unless disqualified
Can be challenged if
Defendant knows juror
Directed acquittal
Where judge decided there’s insufficient prosecution evidence
Directs jury to find d not guilty
Majority verdicts brought in because of nobbling. What is nobbling
Bribing a juror on behalf of defendant
Must try for a …. verdict
Unanimous
Majority verdict can be
11: 1
10: 2
How long till majority can be taken
2 hours
Which act makes it an offence to discuss outside of jury room
Criminal justice and courts act 2015
5 adv of jury’s
Public confidence - fair Jury equity - not legal experts don’t follow precedents Open justice system - public Secrecy of jury room Impartiality - not connected to case
Adv - jury equity case
Ponting
Civil servant leaked info on sinking ship to an MP
Plea not guilty as its in public interest
Jury refused to convict
Government reconsidered law of official secrets act
6 disadvantages of jury’s
Perverse decision - ignoring evidence Secrecy - don’t know if jury understood case Internet Racial bias Media influence High acquittal rate
2 exceptions in enquiry’s
When another method has been used to make decision
Extraneous material has been introduced in jury room
Another method used to make decision case
Young
D charged with murder
Jury stayed in hotel overnight
4 used an ouija board
Disadvantage secrecy case
Mirza
D was Pakistani and had interpreter
Majority jurors thought using an interpreter was a ploy
Woman came forward
Disadvantage racial bias case
Sander
One juror wrote note to judge
Said racial jokes and remarks had been made
Disadvantage media influence case
Taylor and Taylor 2 sisters charged with murder Newspapers published photos giving false impression of what happened Jury convicted girls Appeal
