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juries
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very in-depth and clear lecture notes from student at city university of London studying the English legal system. I personally revised from these notes and achieved a 2:1 in this module.
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JuriesHistory of juries
The jury system came into Britain after the Norman conquest in 1066. The right for a man to be
punished only pursuant to ‘the lawful judgement of his equals’ is enshrined in the magna carta 1215.
The first jurors acted as witnesses, providing information about local matters and were largely used
for administrative business- gathering information for the doomsday book for example. Later under
Henry II, the jury began to take on an important judicial function, moving from reporting on events
they knew about to deliberating on evidence produced by the parties involved in a dispute.
The importance of the jurors right to give a verdict according to their conscience is that juries may
acquit a defendant even when the law demands a guilty verdict. Reinforced in the house of lords
case of R v Wang which confirmed a judge can never tell a jury to convict.
Bushell’s case 1670- it was established that jurors were the sole judges of fact, with the
right to give a verdict according to their conscience, and could not be penalised for taking a
view that was opposed to that of the judge. Facts: jurors were locked up ‘without meat, fire
and tobacco’ until they reached a guilty verdict.
E.P. Thompson, Writing by Candlelight 1980- “A jury attends in judgement not only upon the accused
but also upon the justice and humanity of the law.”
Sir Patrick Devlin 1956- “….trial by jury is more than an instrument of justice and more than one
wheel of the constitution: it is the lamp that shows that freedom lives.”
Function of the jury
Weigh up the evidence
Decide what the true facts of the case are
The judge directs the jury as to the relevant law, and then the jury applies the law to the
facts of the case
Reach a verdict
Juries are only entitled to take into acount evidence that arose in court. R v F 2009- two
members of a jury were seen talking to a law student who had been watching the trial. The
conviction was quashed on appeal because of the risk that the jury could’ve been influenced
by evidence not heard in court.
Criminal Justice and Courts Act 2015
Was introduced by Lord Chancellor Chris Grayling and received Royal Assent on 12th February 2015.
Made jury misconduct a specific criminal offence with a penalty of up to two years in prison.
Four new misconduct laws were included to prevent jurors:
conducting any research into details of a case,
sharing details of the research with other jurors,
disclosing details of juror deliberation, and
“engaging in other prohibited conduct” such as using evidence not put before the court to
decide a case
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