jurys Flashcards
Give a brief overview of the history of juries and
- established by the anglo saxons used for trails
- through the creation of the Magna Carta the right to be trailed by ones peers was introduced which establised jurys
When are jurors used?
- When a defendent pleads not guilty
Jurors are used in civil and criminal cases but most commonly in criminla cases - used in the crown court
- can be used in the coroners court which has been stated by the coorners and justice act 2009
What is the role of the jury in criminal cases ?
- The role of the jury is to decide if a defendant is not guilty or guilty going off the facts of the case and assistance from a judge
- Reach a unanimous verdict initially but under the criminal justice act 1967 majority of verdicts need to be accepted
- Because judges are lay people who don’t have previous expert legal knowledge this makes the decisions unbiased
What is the importance of Bushells case ?
-Bushells case is so important because is highlights facts of a case being decided without the interference of a judge
Did the decisions in bushells case improve the independence of a jury?
YES , because it meant that jury decisions couldn’t be challenged by a judge
How many jurrors sit on a jury ?
12
what percentage are juries used in criminal cases
1%
What cases are jurries more likley to be reserved for ?
- GBH
- RAPE
- MURDER
- ## indiatable offences
What is the main a
What does the criminal justice act 2003 allow regarding juries?
the 2003 act allows a judge to hear a trail alone under s.44 if there is bribery of jury tampering
Why was the case of R V TWOMEY significant?
this was the first case that allowed for a trail by judge alone after allegations of jury tampering which was the first time this happened in over 350 years
what cases show that a judge must accept a jury’s decision even if he disagrees with it
- The case of bushell
- R v wang
explain the role of juries in civil cases
- juries decided if a defendant is liable or not or how much compensation should be awarded in cases such as fraud , false imprisonment etc
What statue governs rules for jurries in civil cases ?
senior courts act 1981 for high court cases and the county courts act 1984 for county case
why are juries always criticised in fraud cases?
because ..
why are juries always criticised in fraud cases?
because ..
What are the qualifications for a jury ?
there are 3 qualifications that are set out in the juries act 1974 that suggest eligibility
- aged between 18 and 75
- on the electoral register
- Resident in the UK for at least 5 years from the age of 13
What act sets out the qualification and eligibility for jurors ?
the Juries act 1974
What are some disqualifications for people disqualified from serving on a jury ?
- If a person has been sentenced to imprisonment for life
- if a person has been imprisoned for 5 years or more
- If detained at her majesty’s pleasure
- Imprisoned or detained for public protection
- sentenced to an extended sentence
When will an individula be disqualified and how long for \?
A person will be disqualified for 10 years if they have received one of these sentences :
- A custodial sentnence
- a suspended sentence
- a community order or other community sentence
- if an individual is on bail currently
Can jury duty be deferred ?
- in certain circumstances such as
- hospital appointment
- family wedding
however if a person is deferred they will be set another date in 12 months
Who can be excused from jury duty ?
- only people aged 65-70 and since the criminal justice act 2003 the armed forces , doctors , pharmasists etc
Who are ineligible when it comes to jury duty ?
the mentally disordered under the criminal justice act 2003 which defines the different types of mental illnesses eg psychopathic disorder and mentally handicap
What cases reinforce the aim of the criminal justice act 2003? And what were the aims
the aim of the 2003 justice act reagrding eligbility allowed professions such as lawyers , judges
- 2004 lord clergy was the first judge to be picked for jury duty
- R V ABDROIKIF V R V GREEN AND R V WILLIAMS- a serving police officer sat as a jurror and there was clear bias which was reinforced through the house of lords who then stated that if a jurror was suspected of bias or apperance of bias he should stand down
- R v I - the police officer knew the police given evidence
Name the cases that showed jurror bias by profession
- R V abdroikof , R V GREEN AND R V WILLIAMS
- R V I
When can a judge remove a jurror
- A judge may remove a jurror if they believe that they lack the capacity/ the ability to cope with the case incluidng the blind , deaf, inability to understand english
what is meant by vetting and how is this done ?
Vetting must be done by routine police check or with a wider background check however this is only allowed on certain circumstances where the case involves one of national security or relates to terrorism and has to be granted by the attorney general
summerise the selection process of juries
selected by a jury central summoning bureau administration since 2001
- a random list of potential jurors are produced from the electoral register
- a summons is sent out
- more than 12 jurors are initally summoned
- oce at court jurrors are divided into 15
- at start of trial the clerk selects 12 at random
What happens when a jurror doesnt fuffil the duty and what is this called ?
- this is called contempt of court which can be charged if anyone is disobedient or fails to turn up
eg - R V FRAIL
- R V BANKS
Name some alternatives to the jury
- trial by a single judge
- trial by a pannel of judges
- a mini jury containing 9 memebrs
Name three advantages of jury’s
Impartiality - because juries are not connected to anyone in the case , lack legal knowledge and are randomly selected it results in a cross section of socitey that should cancel out any bias
- Public confidence/ Democratic - this reinforces democracy in the English legal system and is fundamental in society, suggested by lord delvin who stated that juries are the lamp that shows freedom lives
- Jury equity/ reinforces fairness - this is because jurrors are not legal experts of bounded by precedent which means that juries can decided on cases on their idea of fairness and equity seen in the case of ponting and r v biezanej
Name three disadvantages of juries ?
- Bias - Juries may be racially prejudiced as the selection process can produce an all white jury. In Sander v UK (2000), the European Court of Human Rights held there was a breach of Article 6 of the European Convention of Human Rights. One juror wrote to the judge raising concern that others were making racist remarks and jokes
- Jury nobbling and intimidation - A juror may be threatened or bribed to give verdicts favourable to the defendant, which may be problematic in organised crime trials. Jurors may need police protection but this ends when the trial ends usually
