juries Flashcards
basic qualification of a juror
aged between 18-75 inclusive
registered as a parlimentary or local government elector
ordinarily resident in the UK
disqulification o a juror
imprisonment for life
detention over her majesty’s pleasure
an extended sentence
a term of imprisonment of five years or more
mental disorder
cannot sit on jury
criminal justice act 2003 schedule 1
discretionary excuses
where there is a good reason why person cannot sit
what is vetting
checks for suitability
how many types or vetting exist
2
what are the types of vetting
police check
wider background check
what is a police check
routine police checks are made on prospective jurors to eliminate those disqualified
what is wider backround check
a wider check is made on a juror’s background and political affiliation
when political vetting should take place
exceptional cases :national security ;terrorist cases
what is challenging
the prosecution and defence have the right to challenge one or more of the jurors
how many types of challenging exist
3
which are the types of the challenging
to the array
for cause
prosecution right to stand by (put to one aside) jurors
what is a challenge to the array
a challenge to the whole jury on the basis that it has been chosen in an unrepresentative way
what is the challenge for cause
this involves challenging the right of an individual juror to sit on the jury
what is the challenge of prosecution right to stand by jurors
it allows the juror who has been stood by to be put to the end of the list of potential jurors , so that they will not be used on the jury unless there are not enough jurors
whar are the function of the jury in the criminal cases
jury decides points of the law
decide the verdict only of the defendant
what is a directed acquittal
where a judge decides there is insufficient prosecution evidence to allow the case to continue . the jury is directed to find the defendant not guilty
verdict
must try for an unanimous verdict but if cannot reach an unanimous verdict then a majority verdict of 10:2 or 11:1 can be accepted
advantages of jury trial
public confidence jury equity open system of justice secrecy of the jury room impartiality
disadvantages of jury
perverse decision secrecy exceptions jurors and the internet racial bias media influence lack of understanding fraud trial jury tampering high acquittal rates
comparision between jury and lay magistrates
cross section of society -both
local knowledge -jury
cost-lay magistrates are cheaper
training -lay magistrates are not amateur
alternatives to jury trial
trial by a single judge
a panel of judges
a judge plus lay assessors
a mini jury
