U1A: Juries Flashcards
What are some key features about Juries?
-Most important use of juries is in the Crown Court
-Their role is to decide the verdict
-Juries hear 1-2% of criminal* cases* -majority of cases which go to the Crown Court involve a guilty plea
-Crown Court jury = 12 members
What is Vetting?
WHERE:
-The list of jurors can be seen by the Prosecution + Defence
-On some occasions, the pool of potential jurors should be vetted via police checks or wider background checks
Why are police checks/background checks made?
Routine police checks = made to eliminate those who are disqualified
A wider check can be made on a juror’s background + political affiliations
What case + court confirmed the legality of police checks?
-Court of Appeal in R v Mason (1980)
When should Vetting be used?
-National security where part of the evidence is likely to be given on camera
-Terrorist cases
-With the A-G’s express permission
What are the three ways you can challenge a juror?
-To the array
-For cause
-Prosecution right to stand by jurors
What is challenging to the Array and which act is it under?
-S5 Juries Act 1974
-Challenging the whole jury on the basis that it has been chosen in an unrepresentative or biased way
What is challenging for cause?
-Challenging the right of an individual juror to sit on the jury
-Could be that the juror is disqualified or related to someone involved in the case
What is the right to stand by jurors?
-Prosecution has the right to stand by jurors
-Prosecution asks that a juror’s name be put to the end of the list of potential jurors
-That means that they will only be used if there are not enough other jurors
-No reason needs to be given
What act set out the Qualifications needed for jurors?
-Juries Act 1974
What are the jury qualifications?
-Between 18 and 75
-Registered as a voter
-Ordinarily resident in the UK for at least five years since their 13th birthday
How can jurors be disqualified permanently?
-Been Imprisoned for life
-Had detention during Her Majesty’s pleasure or during the pleasure of the Secretary of State
-Had Imprisonment/ detention for public protection
-Imprisonment/ detention for a term of five years or more
How can jurors be disqualified for 10 years?
-In the last 10 years served a sentence of imprisonment
-In the last 10 years had a suspended sentence passed on them;
-In the last 10 years had a community sentence passed on them
When can a judge discharge a person for lack of capacity?
THOSE WHO:
Are resident in hospital with a mental disorder, under authorised guardianship, or lack capacity to be a juror
-Don’t understand English adequately
-Have a disability which makes them unsuitable (EG: anyone blind)
What are the main two acts lack of capacity is under?
-Mental Health (Discrimination) Act 2013 (general lack of capacity)
-Mental Capacity Act 2005
When can court grant discretionary excusals?
-When there is a good reason such as:
-Illness
-Being a parent with a small baby
-Upcoming examinations
How are jurors selected?
-Names are selected at random by a computer from the electoral register for that area
How are jurors selected at court?
-Jurors are divided into groups of 15 and allocated to a courtroom
-At the start of the trial, the clerk will select 12 at random
What is the role of a juror?
-Decides the facts of the case
-Used in about 30,000 cases per year
-Retire to a private room
-Make the decision of guilty/ not guilty in secret
-Must try to come to unanimous decision where possible
-Decision must be accepted by the judge
How do majority verdicts work?
-If, after 2+ hours, the jury has not reached a verdict, the judge can call them back into the courtroom and say they can now accept a majority verdict
-Practice has been allowed since 1967
-The verdict can either be 10:2 or 11:1
-20% of jury convictions each year = by majority verdict
What are the advantages of Juries?
-Allows public participation in the legal system
-Jury Equity
-Secrecy of Jury room: free from pressure
-Impartiality: not connected to anyone + randomly selected
-Jurors can decide according to their own conscious
Why is public participation important?
-Increases Public Confidence
-Allows for an open system of justice
Why is jurors acting on their conscience important?
-Allows jury to reject prosecutions they see as unjustified/politically motivated
EG: R v Kronlid (not guilty for £1.5 million damage to goods sold to an oppressive regime in Indonesia)
Why is Jury equity important?
-Jury can make decisions on principles of fairness
-They can follow their hearts
-EG: Ponting’s case (1984) in this case a jury refused to convict the defendant even though the judge indicated that there was no defence
What are the disadvantages of Juries?
Perverse verdicts
Secrecy
-Racial bias
-Media influence
-Lack of case understanding
-Jury tampering
-Lack ability to do an effective job
-Concerns Jury
-High acquittal rate
-Compulsory service
-Horrific Cases
Why are perverse decisions bad and what case/research proves this? *
-Jury can ignore the law; decisions can be inconsistent
-Research by Baldwin + McConnel - 25% acquittals = questionable
Why is jury secrecy bad and what case shows this?
-Juries do not have to give reasons for their decisions - could be on a whim rather than law
-EG: R v Young (1995): jury decided on a double murder using a Ouija board
Why is media influence bad and what case shows this?
-Jury more likely to be influenced, especially in high-profile cases
-EG: R v Taylor and Taylor an appeal was allowed as the judge was worried about newspaper photos influencing the jury
