Flashcards in Jury Selection Deck (63):
What are the qualification one must hold to be a juror?
On the electoral register.
Resident in the UK for at least 5 years
What can result in a permanent disqualification from jury service?
• Sentenced to imprisonment for life.
• Imprisoned or in youth custody for 5 years or more.
• Detained during HM pleasure.
• Imprisoned/detained for public protection.
• Sentenced to an extended sentence.
What can result in a disqualification from jury service for 10 years?
At any time in the last 10 years; served term of imprisonment, had a suspended sentence or had a community order passed on them.
What else can disqualify someone from being on a jury?
Being on bail.
What can happened is a disqualified person shows up for jury service?
Can be fined up to £5,000.
What does Lack of Capacity mean?
Judge can discharge a person from jury service for lack of capacity to cope with trial.
Who are the only people who can be excused from jury service?
Members of the armed service with a certificate from their commanding officer.
Who used to be able to be excused from jury service?
Police officers and anyone involved in the criminal justice system.
What act amended excusals?
The Criminal Justice Act 2003.
What is the case associated with excusals?
R v I (2007).
What happened in R v I (2007)?
Juror was a police officer who knew everyone giving evidence so automatically assumed D was guilty.
What was the outcome of R v I (2007)?
Appeal was allowed, since she should have been asked to step down.
What are discretionary excusals?
Potential juror can be excused at discretion of court, for example for an exam, family commitment, booked holiday or job commitment. Usually will defer rather than excuse.
What can happen for non-attendance at jury service?
Can be fined up to £1,000.
How are jurors selected?
Central Juror Summoning Bureau produced random list of jurors from the electoral register. Then summons is sent. Initially more than 12 jurors are summoned.
How are jurors selected at Court?
Divided into groups of 15 and allocated a court. Trial clerk picks 12 at random.
What happened is there is an insufficient amount of jurors?
Court can select anyone eligible off of the street.
What types of vetting into jurors are there?
Routine police checks to eliminate disqualified jurors.
Wider checks into juror’s background and political affiliations.
What case is associated with Routine police checks?
R v Mason (1980).
What happened in R v Mason (1980)?
Chief Constable of Northampshire had policy of unauthorised vetting of criminal records.
What was the outcome of R v Mason (1980)?
CoA approved of this type of vetting.
What case is associated with wider checks of jurors?
Attorney Generals Guidelines (1988).
What did the Attorney Generals Guidelines (1988) state?
Should only be used in cases involving national security.
Attorney Generals permission is needed.
Who has the right to challenge a juror?
Both the prosecution and the defence before a juror is sworn in.
What three types of challenges to a juror are there?
To the array.
What is to the array?
Whole jury can be challenged on grounds it is unrepresentative or biased.
What Act makes to the array possible?
Juries Act 1974.
What case is associated with to the array?
“Romford” jury in Old Bailey 1993.
What happened in “Romford” jury in Old Bailey 1993?
9 jurors came from Romford, with 2 living within 2 doors of each other.
What is for cause?
Can challenge an individual juror with a valid reason.
What case is associated with for cause?
R v Wilson and Sprason (1995).
What happened in R v Wilson and Sprason (1995)?
Wife of prison officer were D’s were being held on remand was summoned to jury service. She asked to be excused and the court refused.
What was the outcome of R v Wilson and Sprason (1995)?
CoA quashed the convictions of the D’s.
What is a prosecution right to stand by jurors?
Allows juror who has been stood by to be put at end of list of potential jurors.
What Courts are juries used in?
Crown Court, High Court, County Court and Coroner’s Court.
How are juries used in the Coroner’s Court?
To enquire into deaths, 7-11 jurors used.
What is the role of the Jury?
To decide whether D is guilty.
What is directed acquittal?
Judge can direct a jury to acquit.
Can a judge refuse a jury’s decision?
No, judges have to accept a jury’s decision.
What is the case associated with judge refusing jury’s decision?
Bushell’s Case (1670).
What happened in Bushell’s Case (1670)?
Jurors refused to convict Quaker activists so judge told them to convict or he’d throw them in jail. Still refused, so court fined them and committed them to prison until fines were paid.
What was the outcome of Bushell’s Case (1670)?
Court of Common Pleas ordered their release, held jurors couldn’t be punished for their verdict.
What has the government done to try to limit/reduce the use of juries?
Passed the Criminal Law Act 1977 which removed the right to jury in significant number of offences.
How can a majority verdict be accepted?
If after at least 2 hours jurors have still not come to a decision.
What can a majority verdict be made up of?
11-1 or 10-2. If jury falls under 12, only 1 juror can disagree. If only 9 jurors, has to be a unanimous verdict.
What number of jurors can a jury not fall below?
Why can’t there be any enquiry into how a jury’s decision was made?
It’s made in secret.
What is the disadvantage of juror’s decision being made in secret?
We don’t know how the decision was made or if they understood a point.
What are the criticisms of the selection process of jurors?
• Use of electoral register not representative.
• No right to ethnically balanced jury.
• Disqualified jurors may hide this and sit.
• Excusals may lead to an unrepresentative jury.
• Prosecutions Right to stand by, may be seen as an advantage.
What are the advantages of a Jury?
• Public Confidence.
• Jury Equity.
• Open System of Justice.
• Secrecy of Jury Room.
What is the case associated with Jury equity?
R v Owen.
What happened in R v Owen?
Man tried to kill lorry driver who killed son.
What was the outcome of R v Owen?
Received a very lenient sentence, jury acquitted despite very strong evidence.
What are the disadvantages of a Jury?
• Media influence.
• Jurors may be influenced by eloquent lawyers of judges when summing up.
• Lack of understanding.
• Fraud trails.
• High Acquittal Rates.
• Jury nobbling and intimidation.
• Problems when jurors don’t follow rules.
• Compulsory nature of jury service is unpopular.
• Problems in relation to civil juries.
What case is associated with Jurors may be influenced by eloquent lawyers of judges when summing up?
R v Alexander (2004).
What happened in R v Alexander (2004)?
Juror sent notes to barrister asking for a date.
What case is associated with bias of juries?
Sander v UK (2000) ECHR.
What happened in Sander v UK (2000) ECHR?
Jurors were making racist remarks.
What was the outcome of Sander v UK (2000) ECHR?
Held there was a breach of Article 6 of the ECHR.
What case is associated with the secrecy of a jury?
What happened in Young (1991)?
Jurors had a séance to try and contact the victim and returned a guilty verdict.
What was the outcome of Young (1991)?
CoA quashed conviction and ordered a retrial. Court could inquire into happening as it was not part of the discussion in the jury room.