Magistrates

Cards (8)

  • Juries
    In criminal cases, 12 jurors sit on a panel to listen to the facts of the case and the judge's summary, then decide the verdict (guilty or not guilty)
  • Types of cases juries hear
    • Some triable either way
    • All indictable
  • What juries do in criminal cases
    1. Listen to the facts of the case and the judge's summary
    2. Decide the verdict (guilty or not guilty)
    3. Retire to a private room called a jury deliberation room to make the decision in secret
    4. No reason is given for the decision
  • Initially a jury must come to a unanimous verdict

    After two hours a majority verdict of 11-1 or 10-2 will be accepted
  • Role of the judge in relation to the jury
    • Explain any relevant points of law to the jury
    • Can direct the jury to find the defendant not guilty if not enough evidence has been produced by the prosecution (directed acquittal)
    • Must accept the jury verdict even if the judge does not agree with it
  • Funny jury stories
    • The star gazing juror
    • The rude juror
    • The swearing juror
  • Advantages of juries
    • Juries give the public confidence in our legal system
    • Trial by peers is a fundamental part of a democratic society
    • Juries can decide cases on the basis of what they believe is fair (jury equity)
    • Juries are chosen randomly and should therefore represent a good cross-section of society
    • Any prejudices should be cancelled out with 12 jurors on the panel
    • Jury members should be impartial
    • Come to a decision in private
  • Disadvantages of juries
    • Some cases may be too complicated for jurors to understand
    • Juries sometimes refuse to follow the law (perverse verdict)
    • No one can inquire into what happened in the jury room
    • Do not have to give reasons for their decision, therefore there is no way of knowing if jury understood case
    • Research shows doubts about 5% of jury convictions
    • There is no requirement that a jury must be multi-racial, prejudices may still exist
    • Media coverage may influence jurors, especially in high profile cases
    • Juries are often criticised on the grounds that they acquit too many defendants
    • The compulsory nature of juries is unpopular
    • The use of juries makes trials slow and expensive - each point has to be carefully explained to the jury and this takes longer