Juries

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  • Created by: lilbarc
  • Created on: 25-09-15 14:05
What are juries?
Independant assesors and deciders of facts in legal cases
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What was the first legislation that recognised the right for a defendant to be trailed by a jury?
Magna Carter 1215
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What were Juries originally used for?
providing local knowledge and information
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When did juries assume their modern role as deciders of fact?
By the middle of the 15th century
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What do we mean that juries are independent?
Free from any outside influence or pressure
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In what case was the independence of the jury established?
Bushells Case 1670
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What happenened in Bushells Case 1670?
The judge disagreed with the verdict
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What is the name of the more modern case that affirmed the jury independence?
R v McKenna 1960
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What was happened in R v McKenna 1960?
The judge told a jury that they had 10 minutes to make a decision otherwise theyd be locked up all night
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What is meant that the conviction is quashed?
Defendant is left off from the offence.
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What are the two legal authorities we need to be able to include in exam questions?
Acts of legislation and cases
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What are the three types of cases juries are used for?
Criminal, civil and coroners
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Which Court hears criminal cases with juries?
Crown
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Which Courts hear civil cases with juries?
County court or high court
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What are three features of criminal juries?
12 members, must reach unanimous or majority (11-1 or 10-2) decision and the discussions are held in secret
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Where are the powers of Corners' juries contained?
Coroners and Justice Act 2009
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What is the dual function of civil juries?
To decide verdict and damages
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What does qualification mean?
What people have to be or do in order to complete their jury service
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What are the 4 qualifications?
Aged 18-70, on electoral register, resident of the UK for at least 5 years since the age of 13, and not disqualified
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What act are the qualifications now contained in?
The Juries Act 1974 and ammended by the Criminal Justice Act 2003
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What was a qualification before the Morris Committee report?
Being the owner or tenant of a property
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What did the CJA 1972 do?
Extended the qualification to all those who had the right to vote
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What does disqualification mean?
Circumstances that will prevent people from sitting on a Jury
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Who are disqualified permanently?
People who have had a serious criminal conviction - been in prison for over 5 years
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Who are disqualified for 10 years?
Those who have been in prison for under 5 years
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Who else may be disqualified?
people on bail and people who are mentally disordered under the Criminal Justice Act 2003
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What is a mentally disordered person?
someone getting regular medication or living in an institution
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What is an excusal?
People that have a choice not to be a juror
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How many types of excusals are there?
Two - normal excusal and discredtionary excusal
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Who can be excused?
Those who have served on a jury during the past 2 years, MPs and MEPs, Certain members of the medical profession, Those whose religious beliefs are incompatible with jury service
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What is a discretionary excusal?
The court has the right to decide if a person can be excused from their jury service
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Who may be granted a discretionary excusal?
pre booked holiday, business appointments, exams, new mothers, members of medical profession or those who work in the criminal justice system
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Were judges and police allowed to be on a jury before the Criminal Justice Act 2003?
No
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What did the CJA 2003 do (police and judges on juries)?
It allowed judges, lawyers and policemen to be on juries
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Does the case of Abdroikof allow police to be a juror?
Yes
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Does the case of McCarthy allow police to be a juror?
No
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What does the case of Hanif v UK say?
European Court of Human Rights rued that having a police officer on the jury was a breach of Article 6- the right to a fair trial as there would be a possibility for police officers to be biased.
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What should the UK do as a result of the decision in Hanif?
Change its laws so that police and laywers cannot be jurors
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(loc) What can a judge do at the trial?
Dismiss a juror due to lack of capacity
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Why can a judge dismiss a juror due to lack of capacity of...? (2 reasons)
s10 of Juries act - can't speak english or s9 of the Juries Act - have a disability
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Give an example of a disability that would make someone unsuitable for jury service?
Blindness or deafness
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What does s9B of the Juries Act 1974 make clear?
That having a disability isn't nessecarily and immediate ban on jury service
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Why are deaf jurors discharged from being a juror?
Because an interpretor could add bias into the courtroom, and would also make the total of people on the jury 13, not 12
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Since when have juries been selected by a central computer?
September 2000
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What is the name of the body responsible for summoning jurors?
Jury Central Summoning Bureau
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What is the role of the official?
To make sure the crown court has enough jurors for cases over the following 2 weeks
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Do those summoned have to attend?
Yes, they will be fined if not
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What does ‘vetting’ mean?
Checking
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Who has a right to see a list of potential jurors?
The prosecution and the defense
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What the two types of vetting?
Routine police checks and wider background checks
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What cases discussed if routine police checks can be made on jurors? Which one shall we follow?
Brownlow (1980) and R v Mason (1980). We should follow R v Mason
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When can wider background checks be made?
in cases of national security or terrorist cases and with the Attorney-General’s consent
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When and why were the AG Guidelines introduced?
The Attorney-General’s guidelines were issued in 1988 following the ABC ‘government secrets’ trial where deeper background checks of the jury were made to check political affiliations
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How many jurors are usually taken into a Court room? How many are then chosen?
15, then 12 chosem
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In what two ways can the prosecution or defence challenge jurors?
To the array or for cause
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What challenge is only allowed for the prosecution?
Right to stand by
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What does challenge ‘to the array’ mean and what section of legislation is this right contained in?
To challenge the whole jury. Section 5 of the Juries Act 1974
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What do the cases of Boderick and Ford illustrate?
That there are no grounds for a challenge to the array if there is only one gender or ethnicity represented in a whole jury
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What case is an example of a successful challenge to the array?
Romford - jurors in the same street
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What does challenge ‘for cause’ mean?
To challenge one juror
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Is challenge for cause used often? Why?
No because the reasoning has to be obvious and no questioning of jurors is allowed before the trial
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What case illustrates the need to allow a challenge for the cause?
R v Wilson and R v Sprason 1995
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What is the prosecution right to stand by a juror?
allows them to ask a juror to be left until the end of the list of potential jurors so they will only be used if there is not enough other jurors.
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What do the AG Guidelines in 1988 make clear?
Right to stand by a juror is a power that should only be used rarely
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Card 2

Front

What was the first legislation that recognised the right for a defendant to be trailed by a jury?

Back

Magna Carter 1215

Card 3

Front

What were Juries originally used for?

Back

Preview of the front of card 3

Card 4

Front

When did juries assume their modern role as deciders of fact?

Back

Preview of the front of card 4

Card 5

Front

What do we mean that juries are independent?

Back

Preview of the front of card 5
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