Juries

Is it possible to have a trial indictment without a jury?
Yes
1 of 21
In what two situations can you have a trial without a jury?
(1) in case of sample counts, (2) where there has been jury tampering
2 of 21
Give an example of sample counts
s.17 Domestic Violence Act 2004
3 of 21
Which provision refers to jury tampering?
S.44 CJA 2003
4 of 21
What did the Twomney case say about s.44 CJA 2003?
Conditions must be proved beyond reasonable doubt by P, consider cost of jury (police officers to protect jurors, possibly raise suspicions amongst jurors on why they need protection)
5 of 21
What are the 4 pros of having a jury?
Keeps law in line with "common sense", protects Ds against oppression of the state, bolsters public support for CJS, shares decision-making responsibility
6 of 21
What are 2 cons of having a jury?
Jurors don't give reasons + courts are unwilling to investigate what goes on in jury room
7 of 21
What can you contrast lack of reasons provided by jurors with?
Mags/civil cases where reasons are given, and other jurisdictions e.g. South Africa where judges give reasons
8 of 21
Why might we want jurors to provide reasons for their decision?
So that they think properly about their decisions
9 of 21
What are 2 reasons why we might not want jurors to provide reasons?
Jurors are without legal training so this might be impossible/impractical, avoids finding out how "dim" some jurors are (Chapman)
10 of 21
In which case was the common law jury secrecy rule upheld (but with 2 exceptions)?
Mirza, but rule won't apply where: jury refuses to deliberate, or where jury might have been influenced by extraneous sources
11 of 21
In which case was a Ouija board used by jurors to contact murder victim (+ where this could be investigated due to it occurring outside jury room)?
Young
12 of 21
What is the recent change in s.1 Juries Act 1974 regarding composition of a jury?
Change of upper age limit from 70 to 75 (because life expectancy has risen)
13 of 21
In what ways is Scotland different in terms of their controls over jury composition?
Anyone can be called to serve, but those aged 71 + over can ask to be excused
14 of 21
Which case states that generally a TJ has no control over jury composition?
Ford
15 of 21
Where was there an exception to general rule that jury selection is entirely random?
Kray: D's counsel could ask each potential juror whether they had seen scandalous news coverage about D
16 of 21
What are 2 reasons why people say the current random system of jury selection is controversial?
TJ should possibly have power to keep calling jurors until desired make-up is achieved, perhaps jurors of a certain ethnicity can't understand why D of another ethnicity would behave in the way they did
17 of 21
Can police officers be jurors? Does this violate art.6 ECHR?
Yes they can be jurors - and not necessarily, if there is no possibility of bias (Armstrong v UK)
18 of 21
Where was there a violation of art.6 because there might be bias?
Hanif and Khan v UK: juror was police officer known personally to police officer (they had known each other for 10 years and worked together 3 times)
19 of 21
Which provision governs the situation where a problem regarding the jury is spotted post-conviction?
s.18 JA
20 of 21
What happened in Chapman? (case about "dim" jurors)
Juror was deaf so missed most of the testimony - but D's conviction was upheld anyway because it only required 10 of 12 people to convict
21 of 21

Other cards in this set

Card 2

Front

In what two situations can you have a trial without a jury?

Back

(1) in case of sample counts, (2) where there has been jury tampering

Card 3

Front

Give an example of sample counts

Back

Preview of the front of card 3

Card 4

Front

Which provision refers to jury tampering?

Back

Preview of the front of card 4

Card 5

Front

What did the Twomney case say about s.44 CJA 2003?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Procedure and Criminal Evidence resources »