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Unit 1: CC&LP

Jury

QuestionAnswer
Jury - Bushell's Case - Juries follow the facts, not the law - R v Owen
Role of Jury - Hear evidence from both sides - Retire to jury room - Decide what fact and evidence is established - Judgement if D is guilty or not guilty
Rules of the Jury - Judges cannot influence the jury ( R v Bryant) - Judges cannot rush jury ( R v Mckenna) - Jurors cannot communicate via social media - Jurors cannot research case - Jurors must aim for a unanimous verdict
Vetting - A critical examination. Allows the prosecution and defence to see the list of potential viewers - Vetting can only be carried out with permission from the attorney general
Vetting: Routine Police Checks - Checks for disqualification ]- Eliminates any potential disqualification -R v Mason
Vetting: Wider checks on background and political connections - Can check social media and memberships - ABC trial 1978
Challenging - S5 Juries Act 1975 - To the Array - For Cause - Stand by the Crown
1: To the Array - Challenge the whole jury on the basis that it has been chosen in an unrepresentative way - Will go back to juries room and pick again
2: For Cause - Challenge an individual juror - If they're related to a witness
3: Stand by for the Crown - Only used by prosecution - Don't need a reason, must be used at judges discretion - Only used after vetting
Criticisms of Jury Selections - Jury doesn't understand the legal side - Jury could be prejudiced - Disqualification process can be faulty - Random so you cant guarantee representation
Juries behaving badly - R v Young - R v Mirza - R v Connor and Rollock
Jury Trial: Advantages - Represent a non-legal view on the case - Don't have to follow the law - Secrecy of the jury room - Public confidence -Jury has as much time to make decisions as they want
Jury Trial: Disadvantages - Jury could be influenced by media - Jury could be influenced by judge - Jury could be bribed - Jury could be prejudiced - Have no legal knowledge - Can make decisions for wrong reasons
Created by: user8282
 



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