Section B-Juries Flashcards

1
Q

Criteria for juries (3)

A

18-75
On electoral role
Resident in UK for 5 years since age 13

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2
Q

When are not eligible for jury

A

Mentally disordered
Serious conviction (5+years)
On bail

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3
Q

When can you defer to be part of jury (2)

A

If there is a good reason e.g booked holiday, exams etc

Also excused for 12 months if served already in past 2 years, or an MP/armed forces member

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4
Q

What is jury vetting, and also when can an authorised jury check be carried out?

A

DBS to check no one is disqualified.

Authorised jury check can be carried out with permission of AG. (NATIONAL SECURITY)

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5
Q

Jury challenging

A

D/P can challenge the array-the whole jury, if believe it is bias/unrepresentative

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6
Q

Jury challenging case

A

Romford Jury-9 were from Romford. D was from Battersea

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7
Q

Challenging for cause and case

A

Challenging one juror-Wilson-had connection to case

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8
Q

Stand by the crown

A

P can object to juror if defence agree e.g illiterate. Will only be used if no other suitable

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9
Q

3 ways of challenging jury

A

Challenging array
Challenging for cause
Stand by the crown

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10
Q

Role of jury (4)

A

Listen to evidence and judges summary.
Secret discussion (cannot repeat anything said in jury room-CoC 1981
Reach verdict-unanimous/majority
Judge will sentence

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11
Q

Jury equity

A

Jury can base decision on conscience, even if guilty by law

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12
Q

Jury equity cases (2)

A

Clive Ponting-covered in A10

Bushell

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13
Q

Bushell

A

Jury locked up for not convicting. Held:jury could not be punished for reaching decision judge didn’t like

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14
Q

Jury nobbling

A

Jury members try influence other jury

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15
Q

R v F

A

Only evidence presented at trial used

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16
Q

Hanif v Khan

A

Police officer on jury was unfair

17
Q

Pros of juries (5)

A

Jury equity-morally right-fair (Kronlid, Ponting)
Secret discussion in jury room-allows honesty and no pressure from judge/lawyers
Democratic-ordinary people involved in justice system-public confidence
Diverse compared to judiciary
Sympathise, can protect against harsh laws
Contempt of court protects A6 (Frail +Banks)

18
Q

Cons of juries (6)

A

Jury equity-no reasoning, could be on a whim, or to finish faster, less justice
R v Young-jury used ouija board to contact dead victim
Perverse verdicts-ignore law-harm confidence-uncertain
Jury ability-Vicky Price-jury couldn’t understand.
Hung jury=retrial
Can be manipulated by other jury
£4.5m a year to protect jurors from nobbling

19
Q

What can be done if jury are nobbled, and what act contained in?

A

Criminal Procedure and Investigation Act- appeal can be made

20
Q

Juries Act 1974

A

Outlines qualifications of jurors

21
Q

Supreme Court Act 1981

A

Jury allowed in some civil cases

22
Q

Hung jury

A

Anything less than 10-2 is a hung jury.

23
Q

R v Frail

A

Failure to show up=jailed for contempt of court

24
Q

R v Banks

A

Contacted the defendant on facebook=jailed