Juries (P1) Flashcards
Who is allowed on the Jury according to the Juries Act 1974?
-Those aged between 18 - 75
-Registered as a parliamentary elector or local elector
-Resident of UK, Channel islands, Isle of Man for at least 5 years since 13th Birthday
Who isn’t allowed on a jury?
-Under 18s
-Over 75s
-Serious criminal record
-Mentally ill person (severely)
-Resident in hospital or institution
-Section 7 of MHA 1983
-Incapable of administering their property
When can some be excused from a jury?
-Member of forces
-Being too ill
-Disability
-Mother of a small baby
When can someone be disqualified from a jury?
-Prison for public protection
-Extended sentence
-Imprisonment for life
-Detention for life
-Custody for life
-Detention during prison or young offenders institute
What are the alternatives to a jury?
-Trial by a single judge
-A panel of judges
-A judge/ lay assessor
-A mini jury
Criminal cases for juries
-R v Karakaya 2003
-Sander v UK 2000
-R v Taylor & Taylor 1993
-R v Twomey & others 2009
-RS v R 2010
How is a jury summoned?
Computer election at jury centre office
Vetting and Challenging
-Police checks & wider background check
-Certain rights have to be challenged: to the array
-for cause
-prosecution right to stand by jurors
What are the advantages of a jury?
-Public confidence: It is public
-Jury equity: Jurors are not bound to follow the precedent of past cases or even Acts of Parliament. It is possible for them to decide cases on their idea of fairness, Pontings case.
-Open system of justice: Process is public, details of law have to be explained to the jury so the D can understand more
-Secrecy of the jury room: The jury is free from pressure in its discussion. Jurors are protected from outside influences when deciding on the verdict. This allows juries to bring in verdicts which may be unpopular with the public.
-Impartiality: The process of random selection should result in a cross-section of society and this should also lead to an impartial jury, as jurors will have different prejudices and so should cancel each others bias out. No one indiviual person is responsible for the decision.
What are the disadvantages of a jury?
-Perverse decisions: Juries have refused to convict in some clear cut cases, R v Randle & Pottle
-High acquittal rates: around 60% of those who plead not guilty are acquitted.
-Secrecy: No one knows the reasons for the verdict, R v Mizra
-Fraud trials: Hard to understand, complex
-Racial Bias: Some jurors are bias, Sander v UK
-Lack of understanding: Some jurors may not understand the case which they are trying.
-Media influence: Media influence is expected in high profile cases, R v Taylor & Taylor
-Jury tampering: Friends of the D may try to interfere with the jury, R v Twomey & others.
