juries

Question 1

What outlines who is eligible for jury service

Answer 1

S1 Juries Act 1974 as amended by the Criminal Justice Act 2003

Question 2

What makes someone eligible for jury service

Answer 2

-between 18 -75 years old
-must have been a UK resident for at least 5 years since 13th birthday
-be on the electoral register

Question 3

Under the mental health act 1983

Answer 3

Mentally disordered people are considered to be unfit for jury service e.g Psychopathic disorders

Question 4

Permanent disqualification

Answer 4

For those imprisoned for over 5 years

Question 5

Temporary 10 year disqualification

Answer 5

For those imprisoned for less than 5 years

Question 6

What makes somebody incapable for jury service

Answer 6

-They don’t understand English
-blind/death

Question 7

S9 Juries Act 1974 allows

Answer 7

for people to be excused from jury service, or have it deferred to a more convenient time, if they have a ‘good reason’. For instance, being unable to get child care, or having upcoming exams.

Question 8

How are jurors selected?

Answer 8

At random by a computer by the Central Juror Summoning Bureau

Question 9

What does vetting mean?

Answer 9

routine police checks carried out on jurors to check they are not disqualified and in exceptional cases e.g terrorism, wider background checks

Question 10

At court the court clerk selects __ out of __ jurors from random

Answer 10

12, 15

Question 11

Before being sworn in the defence and prosecution have the right to challenge. What are these challenges called?

Answer 11

1. Challenge to the array (whole duty)
2. Challenge for cause (single juror)

Question 12

R v Fraser

Answer 12

challenge made to the whole jury, usually because it is
unrepresentative in some way

Question 13

R v Wilson and Sprason

Answer 13

Challenge to an individual juror e.g because that the juror knows/is connected to someone involved in the case

Question 14

Prosecution also has the extra right to ask a juror to ‘stand by for the crown’. What does that mean?

Answer 14

Juror will be sat at the bottom of the list and will only be used if there is no one else. No reason needed.

Question 15

End of selection process for jurors:

Answer 15

Jurors swear in and take an oath promising to base their verdict only on the evidence expressed in court

Question 16

Attorney General v Dallas

Answer 16

It is a crime to research a case

Question 17

Bushell’s case

Answer 17

The judge cannot influence a juror’s decision

Question 18

R v Counsell

Answer 18

Jury must follow judges order for a directed acquittal

Question 19

Contempt of Court Act 1981

Answer 19

The jury make their decision in the jury room in secret. They must not disclose any information discussed to anyone outside.

Question 20

R v Jenkins

Answer 20

If less than 10 jurors agree, it is a hung jury and D faces a retrial with a new jury,

Question 21

What offences will a jury hear

Answer 21

Indictable and Triable Either Way offences where the D has pled ‘not guilty’

Question 22

What is the jury’s task?

Answer 22

decide the verdict of the case which they must base solely on
the evidence given to them in court by the prosecution and defence

Question 23

What must the jury listen to?

Answer 23

the judge’s summary of the case and to any guidance given on points of law. They must also listen to his directions on the burden and standard of proof.

Question 24

What should the jury do if they want to ask a question?

Answer 24

they can ask questions by passing a note to the usher who gives it to the judge.

Question 25

What is a foreman/woman

Answer 25

Someone selected from the jury who must control discussion in the jury room and read out the verdict

Question 26

A unanimous verdict is required at first. However, if they have deliberated for 2 or more hours, the judge can (but doesn’t have to) accept a legal majority which is at least

Answer 26

10 jurors

Question 27

The Juries Act 1974 says the foreman must

Answer 27

read out the number of jurors agreeing/disagreeing

Question 28

What is a hung jury?

Answer 28

When less than 10 jurors agree

Question 29

Adv of jurors (jury equity)

Answer 29

I: One advantage of juries is jury equity C: Jurors can decide verdict according to what they think is morally right and wrong, they do not have to follow the law if they think it is unfair. E: R v Owen C: Jurors can decide verdict according to what they think is morally right and wrong, they do not have to follow the law if they think it is unfair. B: Jury are making perverse decisions

Question 30

adv of jurors (secrecy)

Answer 30

I: One advantage of juries is secrecy C: The Contempt of Court Act 1981 makes it an offence to share discussions which take place in the jury room. They also do not need to reveal any reasons for their decision (Bushel’s case). E: higher acquittal rates in Crown Courts (about 60%) than Magistrates’ Courts). C: Secrecy makes the jury system more effective B: we do not know how juries are making their decisions, and could lead to unfairness in cases such as R v Young where a Ouija board was used to determine D’s guilt.

Question 31

Adv of jurors (confidence)

Answer 31

I: the public have confidence in the jury C: it is a ‘trial by peers’ - D is judged by ordinary members of the public rather than just one legal expert E: 80% of people would trust a jury rather than magistrates C: shows support and agreement with the justice system B: it is easy for juries to be prejudiced by finding information online, such is in AG v Dallas

Question 32

adv of jurors (impartial)

Answer 32

I: Juries are impartial C: Jury members cannot know anyone involved in the case and will therefore not have any personal bias against those involved. E: R v Wilson and Sprason C: the decision is based purely on the evidence in court, and that justice is actually achieved in the way we want. B: there is no way to tell if people have bias based on things like race or profession,

Question 33

Disadv of jurors (perverse)

Answer 33

I: The jury system make perverse decisions C: they are ignoring the law and basing their decision on their conscience E: R v Owen C: defeats the point of the law if the jury can just ignore it B: it allows for flexibility

Question 34

disadv of jurors (secrecy)

Answer 34

I: Jury decisions are done in secret C: The Contempt of Court Act makes it an offence to share discussions which take place in the jury room. They also do not need to reveal any reasons for their decision (Bushel’s case). E: R v Young, the jury used a Ouija board to ask V who the killer was. C: we can’t tell if the jury are actually using the evidence to make a decision or random information/prejudice. B: jurors should be more open and honest with their thoughts because they do not have the fear of being judges/pressured

Question 35

disadv of jurors (bias)

Answer 35

I: Modern technology could bias the jury C: Information about cases and Ds is widely available on the internet E: In 2010, 12% of jurors in high profile cases admit using the internet. This was the problem in AG v Dallas and has led to the Criminal Justice and Courts Act 2015. C: Details may prejudice the jury B: public trust juries more then mags

Question 36

disadv of jurors (bias)

Answer 36

I: members of the jury may have bias based on race or profession C: some people find certain jobs more or less honest or have prejudice against other races. E: Sander v UK, racist to defendant C: justice is not being achieved B: we can try to minimise the bias by not allowing anyone connected to the case personally to sit on the jury