Juries
- Created by: Jessica Speight
- Created on: 11-05-14 12:18
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- Jurors
- Impartiality
- This is where the jury are not case hardened like judges
- Disadvantages
- No right to a racially balance jury R V FORD.
- Previously too many excusals under the JURORS ACT 1974
- Advantages
- Randomly selected jury creating a cross section of society deciding a verdict
- 12 jurors is better than 1 judge
- Disadvantages
- This is where the jury are not case hardened like judges
- Secrecy
- All the jurys deciding is done in secret
- Disadvantages
- We dont know how they reached the verdict. Like in the case of R V YOUNG where one juror had brought a ouija board to contact the victim.
- Jurors understanding cannot be checked
- More difficult to appeal if you dont know they reason for deciding
- Advantages
- The jury doesnt have to give a reason for their verdict, protecting them from pressure.
- Disadvantages
- All the jurys deciding is done in secret
- Equity
- Jury equity is where the jurors decide a verdict upon conscience rather than facts. This could lead to a peverse verdict.
- An exmaple of this is in R V OWEN where owen had shot the lorry driver that have drunkenly ran over and killed his son - the jury found him not guilty even though there was substantial evidence that he had.
- Disagvantages
- Leads to perverse verdicts
- Seen as unfair as one person may be let off for a crime when the other has been sentenced for the same thing.
- Advantages
- Jury decide their verdict on what they see fair - could oppose a change in the law CLIVE PONTING
- Disagvantages
- An exmaple of this is in R V OWEN where owen had shot the lorry driver that have drunkenly ran over and killed his son - the jury found him not guilty even though there was substantial evidence that he had.
- Jury equity is where the jurors decide a verdict upon conscience rather than facts. This could lead to a peverse verdict.
- Challenges
- For cause
- An individual juror. If it is suspected that they may a witness or the victim/defendant or if they are disquaified
- To the array
- To the whole jury.
- Prosection right to "stand by"
- Prosecution has the right to put a juror to the end of a list. prosecution does not have to give reason but it must be used sparingly.
- For cause
- Basic qualifications
- JURORS ACT 1974 amended by the CRIMINAL JUSTICE ACT 2003
- Between the ages of 18 - 70, on the electrol roll and to have lived in the UK from birth or for five years from the age of 13.
- People are selected through the Jurors central summoning buraeu
- Between the ages of 18 - 70, on the electrol roll and to have lived in the UK from birth or for five years from the age of 13.
- JURORS ACT 1974 amended by the CRIMINAL JUSTICE ACT 2003
- Defferrals & Excusals
- A person can be deffered up to 12 months if they have other important issues to deal with such as business commitment, exams or an operation.
- Excusals are for exceptional circumstances, the sort of people that be excused are those over 65, served in the last 2 years, in the armed forces, in the medical proffession, members of parliament although this now doesnt apply to people in essential jobs. Now you are ususally to be defferred rather than excused.
- Disqualifications
- If youre on bail for a criminal offence
- Disqualified for 10 years if you have served a custodial sentence for 5 years or under
- Disqualified for life if this sentence is 5 years or over.
- Disqualified if you have a mental disorder.
- Disqualified if you are blind or deaf as you cannot hear or see the evidence.
- If you serve on a jury and you know you are disqualified then you could be fined.
- Disqualified if you are blind or deaf as you cannot hear or see the evidence.
- Disqualified if you have a mental disorder.
- Disqualified for life if this sentence is 5 years or over.
- Disqualified for 10 years if you have served a custodial sentence for 5 years or under
- If youre on bail for a criminal offence
- Vetting
- Police check
- 1) to elminate those disqualified
- 2) if the defendant is a police officer R V SHEFFIELD CROWN COURT
- Background check
- 2) National security issue such as a terrorist case.
- 1) Only in exceptional circumstance - Need the judges permission
- Police check
- Functions & Verdicts
- The use of a jury is to provide a unaminous verdict.The jurors dont have to give a reason or their verdict. The judge decides on points of law and the jurors decide facts which the judge must agree with (BUSHELLS CASE)
- Beyond reasonable doubt
- Impartiality
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