Role/Work Juries Essay Model Answer

Cards (10)

  • Jury service is a public duty and has been used in the English Legal System for over 1000 years. Usually, 12 jurors sit in the Crown Court and hear all indictable and some triable-either-way offences when the defendant has pleaded guilty. Selected from all walks of life, jurors do not need to be legally qualified and will typically serve for 2 weeks in 1% of criminal cases.
  • A jurors basic role requires them to be arbiters of facts which means they decide on matters of fact and leave relevant legal matters for the judge to determine. A juror is sworn in to their role after selection and must promise to listen to the case and reached a fair verdict.
  • Following this, jurors are required to sit in court and observe the criminal trial. The case for the prosecution is out to the jury first (evidence in chief). Any witnesses the prosecution calls can be cross-examined by the defence. The case for the defence is presented next; again the prosecution now has the right to cross examine any defence witnesses.
  • If the jury needs any further information they can put questions to the judge in writing. The jury are encourage to take notes during the trial but they cannot take any written information out of the court at any time during or after the trial.
  • After the defence and prosecution have summed up their arguments in closing speeches, the judge will sum up the facts of the case for the jurors benefit and direct them on matters of law.
  • Next, the jury will retire to a private room to discuss the case and reach a verdict based only on evidence heard and argued in court, they shouldn't for example use anything they have heard in the media if the case was high profile. The Juries Act 1974 sets out the law on verdicts. Initially, the jury must come to an unanimous decision (12-0) whether to find the defendant guilty or not guilty.
  • If after 2 hours a verdict hasn't been reached, the judge may direct the jury that a majority verdict (10-2,11-1) would be accepted. About 20% of jury verdicts are now reached by a majority decision. If a majority cannot be reached then it may result in a hung jury.
  • The jury is wholly independent and cannot be forced, pressured or hurried into making a decision as shown in the Bushell's case. What is said in the jurors deliberation room must be kept totally secret, if it is not then under s.8 of the Contempt Of Court Act 1981 this will be contempt of court which is a criminal offence.
  • Once the jury have made their decision, the jury foreman (selected by the 12 jurors) will stand up in court and deliver the verdict. The jury do not have to give any reasons for the verdict.
  • Once the jury has delivered its verdict, the jury is dismissed and they return to the waiting area and may be selected for a new trial.