Law LA1: The Jury The Jury Unit1 AS

Law LA1: The Jury Objectives You will be able to : Explain the history of jury trial. Explain jury selection. Describe the role of the jury within the criminal justice system. Explain the role of the civil jury. Critically evaluate jury trial and suggest reforms and alternatives. Apply your knowledge of juries to given case studies.

Law LA1: The Jury The Jury In small groups consider the following questions: 1.When did jury trial begin? 2.What went before jury trial? 3.How many sit on a jury? 4.What courts do they sit in? 5.What type of cases are they involved in? 6.How many cases are they involved in? 7.What qualifications do you need to sit on a jury? 8.What is their role?

Law LA1: The Jury HISTORY OF JURY TRIAL 1066 – TRIAL BY ORDEAL 12th century – Trial by peers 1670 – BUSHELL’S CASE R v Wang ( 2005)

Law LA1: The Jury Criminal cases – either way offences, indictable offences- Crown Court – 1% 30,000 cases When are Juries Used?

Law LA1: The Jury The Civil Jury Civil Jury - less than 1% Supreme Court Act 1981 qualified right to jury trial Libel / slander Malicious prosecution False imprisonment Fraud Other cases at discretion of the court

Law LA1: The Jury Juries Act 1974 – Jury Qualifications Criminal Justice Act 2003 – new provisions – jury qualifications. Jury tampering,complex long cases – judge alone. History of Jury Trial

Law LA1: The Jury The Jury Jury selection - Central summoning Bureau. Jury challenging - for cause & stand by – R v Andrews(1998). Discharging the jury -Gregory v UK ( 1997).

Law LA1: The Jury The Jury Jury Vetting : R v Sheffield Crown Court, ex parte Brownlow ( 1980). R v Mason ( 1996 )R v Obellim(1996). Are juries representative of society? R v Ford ( 1989). R v Bansal (1985).

Law LA1: The Jury The Jury Jury secrecy – List the arguments for and against secrecy. Contempt of Court Act 1981 R v Mirza (2004) Att Gen v Scotcher ( 2006 ) research and impropriety 2005.

Law LA1: The Jury The Jury The Verdict – Unanimous and majority verdicts

Law LA1: The Jury The Jury Future of Jury Trial. Auld Criminal Justice Act reforms. Juries in fraud Cases- R v Rayment & Others (2005) 2yrs. Abolishing juries in serious fraud cases? Other reforms?

Law LA1: The Jury Advantages of the jury system Judge according to conscience: R v Kronlid (1996). R v Ponting(1985). R v Owen (1991). Certainty – verdict not open to dispute Public participation- Lord Denning, ‘giving ordinary folk their finest lesson in leadership’.

Law LA1: The Jury Lack of competence ‘Perverse verdicts’ Bias Manipulation by defendants Jury nobbling / tampering No reason given for the decision / verdict Distress to jury members Cost & time Problems with compulsory jury service Excessive damages in civil cases Disadvantages of the Jury System

Law LA1: The Jury Abolishing juries in serious fraud cases. Abolishing juries. Juries to write down how they reached their verdict. 13 th person ( qualified) to enter the jury room to advise. Defence & Prosecution prepare for the jury a written summary of the case. Reform of the Jury

Law LA1: The Jury The Jury Useful websites: research and impropriety