Juries

What is the role of the jury?

Their role is to provide a verdict (guilty or not guilty) and are an arbiter of fact.

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How are juries selected (Step 1 & 2)

Selected at random from an electoral registor to provide a cross-section of society, summons 15-20 people just in case. The selected people must notify jury oficer if they are unable to do it. Expected to serve 2 weeks with except fraud trials.

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How are juries selected (Step 3 & 4)

Vetting stage: should only be usedin exceptional cases involving national security where part of the evidence is on camera and in terrorist cases. Lastly, the challenge stage.

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What are the two types of vetting?

Routine police checks for previous criminal convictions. Secondly, background checks. Vetting can only be carried out with the Attorney Generals permission

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What are the three challenges to the jury? (First)

Challenge to the array- challene to the whole jury based on that they have been chosen in a biased and unrepresentative way. However if they havent been chosen in this way, they have no right to challenge the jury.

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What are the three challenges to the jury? (second)

"prosecution right to standby" Where the juror is requested to be sent to the end of the jury list. Only prosecution can do, do not have to give reason to challenges a juror but can only be used once.

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What are the three challenges to the jury? (third)

"For Cause". This involves challenging the right of an individual juror to sit on the jury (eg. the juror has previously been disqualified; knows or is related to a witness or the defendent.)

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Advantages of Jury vetting

Vetting is usually only applied to terrorist cases because there is arguable an invasion of privacy and breaks human rights through background check, but this is needed to eliminate bias therefore it is a fair trial

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Weakness of vetting

"Prosecution right to stand by" It can be seen as "rigging the jury" by manipulating the current jury. Jurors mat be racially prejudiced, Govt may use vetting to get the 'right results'

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Weakness of the selection process?

The jury selection process doesnt provid a just system as it can be unrepresentative of society such as the homeless and young. This leads to an inevitable bias.

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What is the majority verdict?

If after 2 hours, the jury have not reached a verdict, the judge can tell them he can now accept a majority verdict.

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Who can't become jurors?

People on: probation, on bail, imprisoned/detention/custody for life. Mental or physical disorder. Unqualified/ Disqualified from jury service before. Imprisonment for public protection. Extended sentence. Imprisonment for 5 yrs+. Community sentence

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What qualifications are required?

Must be aged 18-70. Registered as a parliamentary or local govt electory. Ordinary resident in the UK for over 5 years since the age of 13.

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Advantages of Jury?

People have confidence in the fairness of the jury trial (Public confidence), Jurors are not legal experts so they make decisions on their idea of fairness (jury equity), Tried by peers, there is a perception of fairness, representative.

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Disadvantage of Jury?

Secrecy- meaningful research is limited, cannot question vedict ( R V YOUNG CASE), Costs- jurors can claim compensation for the work missed, Racial Bias- prejudiced based on upbringing, Meida influence, Quick decision making, prosecution bias,

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Alternatives to jury?

Trial by single judge, A panel of judges, Judge plus lay assessors, Mini Jury

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When can a juror be excused from his/ her duty?

Full time seerving member of armed forces with certificate from commanding order.

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Juries

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