Transcript The Role of Lay People

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Juries
Prior to these lessons you
should have read and
précised Chapter 18
of ‘The English Legal System’
by Jacqueline Martin.
Aim/Objective: For students to
understand the value of Juries.
Slides updated 2013
Do not chat in this Lecture
Ensure your mobile is switched off.
Take notes – you can annotate your
PDF printout.
Raise your hand if you wish to ask a
question
Do not eat any food in this classroom
or leave any litter
Juries…
In which courts are juries used?
What was established in Bushell’s Case
(1670) ?
20th Century Developments...
Prior to 1972 there was a property and age
qualification (21 and 60 and a home owner or
ratepayer).
Q – What impact did this have on women?
In 1967 unanimous verdicts were
abolished – police welcomed this
saying unanimity facilitated
intimidation of jurors.
Jurors – Juries Act 1974
Used in Crown Court Criminal Trials to decide
if D is guilty or not guilty.
At first must be unanimous, after two hours
the judge may allow a majority verdict (10
or 11 from 12)
Jurors excluded while points of law considered. Can
ask written questions
Jury Service is a
Civic Duty…
It is compulsory
Right to time of work
Can claim loss of earnings and travel expenses
Shown videos about serving as a Juror
I swear by Almighty God that I will faithfully try the
defendant and give a true verdict according to the
evidence.
Jury Qualifications
As per the Juries Act 1974 (as amended)
 Selected from electoral roll
 Must be resident in the UK
 Aged 18 to 70
Produce a list of people who are
disqualified or able to be excused from Jury Service.
Activity…
Undertake the activities on pages 260 and
261 of “The English Legal System”.
Selecting a Jury…
Names are selected at random from the electoral
register.
More than 12 jurors will be summonsed as it is
not known how many will be disqualified or
excused.
Jury service is not optional and those called
must inform the court if there is any reason
why they cannot attend.
Vetting
Two types:
•Routine police checks
•Wider background checks
When are routine police checks carried
out?
When is a wider check likely to be made
on a juror’s background?
Juries’ Role in Criminal Cases
Judge decides points of law.
Jury decides the facts.
Jury make their decision in secret and do not
have to give any reasons for their decision.
S8 Contempt of Court Act 1981 makes it a
criminal offence to disclose anything that
happened in the jury room.
Civil Juries
In the civil courts there is a right to a jury
in the following cases…
Defamation
Fraud
Malicious Prosecution
False imprisonment
If the case involves a lot of documentary
evidence, or scientific or accounting material, a
Jury can be refused (example McLibel trial)
Arguments for and against Juries
In pairs, produce a table explaining
advantages and disadvantages of jury trial.
What are the alternatives to jury trial?
Students are to break into Law Firms
to as to present to class the below topics …
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•
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Jury Qualifications
Selecting a Jury (including vetting)
Advantages of Jury Trial
Disadvantages of Jury Trial
The Jury’s Role in Criminal Cases and
Alternatives to Jury Trial.
Plan answers …
Plan answers to the
examination questions
on page 275 of
‘”The English Legal System”
by Jacqueline Martin