Juries

Descrição

Mapa Mental sobre Juries, criado por Angela Dickinson em 03-03-2017.
Angela Dickinson
Mapa Mental por Angela Dickinson, atualizado more than 1 year ago
Angela Dickinson
Criado por Angela Dickinson mais de 7 anos atrás
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Resumo de Recurso

Juries
  1. Qualification
    1. age 18-70
      1. resident in UK for at least 5 years
        1. on the electoral register
        2. Selection
          1. before court
            1. random selection from electoral register
            2. At court
              1. 15 jurors allocated at random to a trial
                1. 12 selected in a further randomised selection inside the courtroom
                2. Challenge
                  1. juror may be asked to stand down
                    1. if they know someone related to the case
                      1. if the judge agrees they are unsuitable for this trial

                        Anotações:

                        • for example - someone with a KKK tattoo involved in the trial of a black defendant.
                3. deferrment/excusal
                  1. excusal

                    Anotações:

                    • you do not have to jury service at all 
                    1. disability

                      Anotações:

                      • only if the disability means they couldn't carry out the duties of a juror
                      1. have been a juror twice before
                      2. deferrment

                        Anotações:

                        • put off your jury service until a later date
                        1. work commitments
                          1. expecting a baby

                            Anotações:

                            • around the time of the trial
                            1. caring responsibilities
                              1. exams
                                1. pre-booked holiday
                              2. Jury vetting

                                Anotações:

                                • 'vetting' means checking their suitability
                                1. basic check
                                  1. all jurors are checked for criminal records
                                  2. Background check

                                    Anotações:

                                    • these are very rare
                                    1. only in cases concerning national security

                                      Anotações:

                                      • for example - cases where undercover MI5 officers give evidence  Might put them at risk might give away secrets
                                      1. must be authorised by the attorney genral

                                        Anotações:

                                        • the government's legal adviser
                                        1. checks people's work history, political views, security files
                                      2. Role of the jury
                                        1. usually 12 on a jury

                                          Anotações:

                                          • can be reduced if a juror goes sick in the middle of the trial
                                          1. nominate a foreman

                                            Anotações:

                                            • the person who addresses the court on behalf of the whole jury,  delivers the verdict
                                            1. listen to evidence
                                              1. decide a verdict

                                                Anotações:

                                                • guilty or not guilty jury talk amongst themselves in the jury room and decide
                                                1. unanimous

                                                  Anotações:

                                                  • a verdict normally has to be agreed by the WHOLE jury Where agreement cannot be reached a judge may decide to accept a 11-1 verdict or a 10-2.  Cannot go lower than 10 jurors agreeing. 
                                                2. rules of the jury
                                                  1. must not research

                                                    Anotações:

                                                    • the verdict must be based ONLY on evidence presented on court.  jurors must not research the case at all
                                                    1. secrecy

                                                      Anotações:

                                                      • Jurors must not discuss the case with ANYONE other than the other jurors involved.  including after the trial has finished
                                                      1. must not contact anyone involved

                                                        Anotações:

                                                        • Joanne Frail caused the collapse of a million £ drugs trial when she Facebook messaged one of the defendants.  She was sentenced to 8 months in prison for 'contempt of court' 
                                                    2. evaluation
                                                      1. advantages
                                                        1. trial by peers

                                                          Anotações:

                                                          • an historically important part of British law.  Magna Carta 1215  
                                                          1. hard to corrupt

                                                            Anotações:

                                                            • with 12 people involved it would be very hard to bribe or pressure the jury to make a particular decision
                                                            1. Fairness

                                                              Anotações:

                                                              • Juries are not 'case-hardened' like magistrates or legal professionals. This is probably the 1st trial they have heard so will decide on the evidence rather than any prejudices they have
                                                              1. secrecy

                                                                Anotações:

                                                                • the rules about secrecy mean that a juror can speak openly in the jury room without worrying about reprisals
                                                              2. disadvantages
                                                                1. expensive

                                                                  Anotações:

                                                                  • expenses and loss of earnings have to be paid to each juror The administration of getting people into court is costly 
                                                                  1. secrecy

                                                                    Anotações:

                                                                    • this can be a disadvantage because the reasons for a verdict are never explained.  Lawyers cannot learn from this process 
                                                                    1. perverse verdicts

                                                                      Anotações:

                                                                      • Juries can sometimes make surprising decisions, sometimes rejecting clear evidence of guilt for a defendant that they sympathise with
                                                                  2. Disqualification
                                                                    1. permanent
                                                                      1. served a sentence >5 years
                                                                      2. disqualified for 10 years
                                                                        1. served a sentence < 5 years
                                                                        2. serious mental imapirment

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