Juries Flashcards
Which document stated a person’s right to trial by ‘the lawful judgement of his peers’ ?
Magna Carter 1215
What case held that jurors are independent and cannot be punished for their verdict?
Bushell’s case 1670
What case held that the judge cannot direct a jury to return a guilty verdict?
R v Wang
Jury equity meaning
Juries may aquit a defendant even when evidence demands a guilty verdict. Views this as more sympathetic and finding justice when the justice system fails seen in R v Pontins
Perverse verdict meaning
The view that verdicts based on conscience cannot be fair. Auld report 2001 recommended juries should ‘have no right to aquit defendants in defiance of the law or in disregard of the evidence.
How are juries selected?
The central juror summoning bureau => computer randomly select jurors from electoral register => random ballot in open court, clerk calls out 12 names => 12 sworn in unless any challenges or vetting
What makes juries eligible?
- aged 18-75
-lived in the UK for 5 years since there 13 birthday
-registered on the electoral register
What does the Criminal justice and Courts Act 2015 do?
makes it an offence for jurors to ‘research the case during the trial period’ to ‘disclose (improper) information to another juror during the trial period’. As well as engaging in ‘conduct in which it may reasonably be concluded that the juror intends to try to issue otherwise than on the basis of the evidence presented in the proceedings of the issue’
What does the Criminal justice Act 2003 do?
permits offences to be tried by a judge sitting alone without a jury in cases where there is a danger of jury-tampering, following advice form the Auld report
What does the Contempt of courts Act 1981 do?
makes it an offence for any one to ‘obtain, disclose or solicit’ any arguments, opinions or statements made by jurors in the course of their secrecy)
When can a jury be challenged?
-shows up drunk or drugged up (fine of £1000)
-wears clothes inappropriate/ disrespecting the court
-mental health issues that wasn’t know when summoned
-know someone on the case/have an inkling they know someone
-becomes ill or dies (if fakeing fined or prison)
-an obvious prejudice
-prior experience in a similar case
Lord justice Dyson was the first judge to be on a jury in 2004. What guidence was he given?
It is his discretion (choice) to reveal that he is a judgeto the jury. He is there as citizen and should follow the direction of the trial judge (could be in a lower court less superior judge)
What happened in R v Mills?
-lasted 21 months
-one juror went on strike
-two became pregnant
-one jurors wedding and honeymoon was canceled because of the trial
-two fell ill
-total cost £60 million
-trial collapsed after juror striked
What case was the first to use the Criminal Justice Act 2003 to have a trial by judge alone for the first time in 370 years to prevent jury nobbling?
R v Twomey
Sir Robin Auld produced the Auld report 2001, what did it recommend?
The widening of jury eligibility which lead to Criminal Justice Act 2003 “cannot eliminate every type of bias or prejudice” “any juror irrespective of profession is capable of bias”
