juries (p.1 s.b) Flashcards
juries act 1974
eligibility and selection of juries
what will prevent someone from sitting on a jury
(comes under the jury act)
•on bail
•imprisonment for life
•diagnosed with a mental health condition
rv young 2005
jurors used a quji board - unethical
rv owen 1992
shows that the juries make the ultimate decision no matter how bad the crime is
rv ford
all white jury for a black defendant
•request to change jury denied as no evidence of racism
joanne frail
•juror
•went on social media to find the defendant’s profile - not allowed as jurors are supposed to be unbiased and only allowed to use the evidence presented to them in court
theodora dallas
•juror
•researched the case online - not allowed as jurors are supposed to be unbiased and only allowed to use the evidence presented to them in court
criminal justice act 2003
allows for a trial to be a judge alone if there has been a risk of jury tampering (s44) or if it’s a complex case like fraud (s43) as juries do not understand cases like fraud
eg rv twoomey 2009
•judge is independent, protects the right to a fair trial
rv twoomey 2009
kept tampering with every jury given
-used judge instead of jury
juries in civil cases
•less than 1% used in civil cases - only used in controversial cases
•they are able to award damages - disadvantage: as juries are not qualified to award amounts of money as they have no knowledge of what something is worth - as seen in the case sutcliffe vs pressdram 1991
sutcliffe vs pressdram 1991
judge thought damages were too high, so he changed it that juries cannot award money in defamation cases instead judges do
how are juries selected?
•they are selected at random - juries act - makes it fairer and prevents discrimination