The Jury Flashcards
In which court does a jury sit?
The Crown Court
What is the role of a jury?
To determine criminal guilt in criminal cases or civil liability in civil cases
Who wrote the research report Are Juries Fair? (2010)?
Cheryl Thomas
Can police officers sit in juries?
Yes
Should the police be allowed to sit as jurors?
Some argue that police officers might be biased in forming a judgement of guilt and thus should not sit as jurors
Is a judge allowed to sit as a juror?
Yes
Can a 20 year old man who was born in France but has lived in the UK for four years, sit on a jury?
You could be selected to serve on a jury if you:
- will be aged at least 18 and less than 70 on the day the jury service will start
- Are on a parliamentary or local electoral register and have lived in the UK, Channel Island or the Isle of Man for a period of at least 5 years since 13 years of age.
Jury service exceptions
- Have ever been sentenced to imprisonment for five years or more, or for an indefinite amount of time
- Have been subject to imprisonment or detention at all in the past 10 years, or received a suspended sentence or order for such
- Are suffering from a severe mental disorder or lacking mental capacity.
Following the Criminal Justice Act 2003, can serious fraud criminal trials be heard by a jury?
Yes
Should juries be abolished?
Arguments for the abolition of the jury system highlight that it is not representative of the general population. Some of their judgements are perverse and they can be biased and susceptible to manipulation.
When can a judge hear a case in the Crown Court without a jury?
In cases of suspected jury tampering where there is evidence of a “real and present danger” and, despite the possibility of police protection, there is a substantial likelihood of tampering, and a trail without a jury is in the interest of justice.
In the case of R v Wang (2005) the trial judge told the Jury “As a matter of law, the offences themselves are proved and I direct that you return guilty verdict.” What did the House of Lords thing about this direction?
The viewed the direction of the trial judge in R v Wang (2005) as inappropriate and established that a judge in England or Wales is not entitled to direct, instruct, order or require, a jury to return a verdict of guilty.
Does a jury always have to reach a unanimous verdict?
No, it can return a verdict by majority if so directed by the judge.