2531762
Beschreibung
Mindmap von ellenrose5, aktualisiert more than 1 year ago
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Erstellt von ellenrose5
vor mehr als 9 Jahre
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Juries
- Selection
- Jury summons through the post
- Reply within 7 days or fine of up to £1000
- usually 10 working days
- usually 10 working days
- Reply within 7 days or fine of up to £1000
- wait in the jury pool
- court official will choose 15 people
- court clerk shuffle names, first 12 read out
- if a juror knows someone involved in the case then they cannot sit
- if a juror knows someone involved in the case then they cannot sit
- court clerk shuffle names, first 12 read out
- court official will choose 15 people
- routine police check
- or wider background check
- requires permission from Attorney General
- ABC Trial
- ABC Trial
- requires permission from Attorney General
- or wider background check
- Jury summons through the post
- Role
- used in 1% of cases
- In the crown court for more serious cases
- jury of 12, judge guides on the relevant law
- decide on the facts by consideration of the evidence
- reach a verdict of 'guilty' or 'not guilty'
- reach a unanimous verdict but (10-2) accepted to reduce the number of retrials and counteract jury tampering
- section 44 Criminal Justice Act
- can be heard by judge alone
- R v Twomey
- R v Twomey
- can be heard by judge alone
- section 44 Criminal Justice Act
- if deliberating more than two hours
- if 11 jurors 10-1
- if 10 jurors 9-1
- 9 jurors unanimous
- if 11 jurors 10-1
- civil cases
- decide if 'liable'
- County court (8 jurors) or High court
- defamation, fraud, treasure trove
- rarely used
- decide if 'liable'
- used in 1% of cases
- Advantages and Disadvantages
- public participate in the justice system
- jury equity
- representative of society
- decisions are made away from external influence
- civil cases difficult to understand
- most don't have knowledge of how the law works
- public participate in the justice system
- Bushell's Case
- R v McKenna
- R v Ponting
- R v Owen
- R v McKenna
- Qualifications
- 18-70
- on electoral register
- Resident in the UK for at least 5 years (since 13th birthday)
- Disqualified if they have served a prison sentence of 5 years or more
- Deferred under certain circumstances, decisions made by the Jury Central Summoning Bureau
- Excused 'as of right' if aged 65-70
- Incapable if deaf, blind, don't speak English
- Ineligible if a person has a mental disorder
- Criminal Justice Act 2003 stopped certain professions being ineligible
- 18-70
- Challenging
- Challenge the Array if unrepresentative
- Section 5 Juries Act
- R v Fraser
- Section 5 Juries Act
- Challenge for Cause to remove individual
- R v Wilson
- R v Wilson
- Stand by for the crown to use juror as a last resort
- After challenging, jury is sworn in
- After challenging, jury is sworn in
- Challenge the Array if unrepresentative
- alternatives and reform
- allow judge to assist them
- professional jurors
- allow judge to assist them
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