Juries
History of the Jury System
Juries have been used in the legal system for over 1000 years. Originally they were used for providing local knowledge and information and acted more as witnesses than decision – makers. By the middle of the 15th Century, juries had become independent assessors and assumed their modern role as deciders of fact.
Independence of the Jury
Bushell’s Case (1670) – jurors refused to convict Quaker activists of unlawful assembly. The trial judge would not accept the ‘not guilty’ verdict and ordered the jurors to resume their deliberations without food or drink. When the jurors persisted in their refusal to convict, the court fined them and committed them to prison until the fines were paid. On appeal, the Court of Common Pleas ordered the release of the jurors holding that jurors could not be punished for their verdict
- This established that the jury were the sole arbiters of fact and the judge could not challenge their decision.
R v McKenna (1960) – in this case the judge at the trial had threatened the jury if they did not return with a verdict within 10 minutes they would be locked up all night. The jury returned with a verdict of guilty but the defendant’s conviction was quashed on appeal because of the judge’s interference.
Modern Day Use of Juries
Only a small percentage of cases are tried by Jury today.
Juries are used in the following courts:
Court
Type of Case
Role
Number of Jury
Crown Court
Serious Criminal Cases: e.g. murder, manslaughter, rape
Decide the verdict - Guilty or Not Guilty
12
High Court
Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud
Decide Liability. If fined for the claimant also decide amount of damages.
12
County Court
Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud
Decide Liability. If fined for the claimant also decide amount of damages.
8
Coroners' Court
Deaths: In Prison, In police custody, Through an industrial
Juries have been used in the legal system for over 1000 years. Originally they were used for providing local knowledge and information and acted more as witnesses than decision – makers. By the middle of the 15th Century, juries had become independent assessors and assumed their modern role as deciders of fact.
Independence of the Jury
Bushell’s Case (1670) – jurors refused to convict Quaker activists of unlawful assembly. The trial judge would not accept the ‘not guilty’ verdict and ordered the jurors to resume their deliberations without food or drink. When the jurors persisted in their refusal to convict, the court fined them and committed them to prison until the fines were paid. On appeal, the Court of Common Pleas ordered the release of the jurors holding that jurors could not be punished for their verdict
- This established that the jury were the sole arbiters of fact and the judge could not challenge their decision.
R v McKenna (1960) – in this case the judge at the trial had threatened the jury if they did not return with a verdict within 10 minutes they would be locked up all night. The jury returned with a verdict of guilty but the defendant’s conviction was quashed on appeal because of the judge’s interference.
Modern Day Use of Juries
Only a small percentage of cases are tried by Jury today.
Juries are used in the following courts:
Court
Type of Case
Role
Number of Jury
Crown Court
Serious Criminal Cases: e.g. murder, manslaughter, rape
Decide the verdict - Guilty or Not Guilty
12
High Court
Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud
Decide Liability. If fined for the claimant also decide amount of damages.
12
County Court
Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud
Decide Liability. If fined for the claimant also decide amount of damages.
8
Coroners' Court
Deaths: In Prison, In police custody, Through an industrial