Podcast
Questions and Answers
Who determines matters of fact in a trial?
Who determines matters of fact in a trial?
Trial by jury is a relatively new concept, only dating back to the 20th century.
Trial by jury is a relatively new concept, only dating back to the 20th century.
False (B)
What is the minimum number of jurors required for a majority verdict?
What is the minimum number of jurors required for a majority verdict?
10
A jury that cannot reach a verdict is known as a ______ jury.
A jury that cannot reach a verdict is known as a ______ jury.
Signup and view all the answers
Match the following legal cases with their relevant themes:
Match the following legal cases with their relevant themes:
Signup and view all the answers
Which of the following offenses are classified as 'either way' offenses in the Crown Court?
Which of the following offenses are classified as 'either way' offenses in the Crown Court?
Signup and view all the answers
If a defendant pleads guilty in the Crown Court, the judge will always immediately sentence the defendant.
If a defendant pleads guilty in the Crown Court, the judge will always immediately sentence the defendant.
Signup and view all the answers
What is the purpose of a pre-sentence report?
What is the purpose of a pre-sentence report?
Signup and view all the answers
A ______ circumstance is something that may reduce the defendant's sentence.
A ______ circumstance is something that may reduce the defendant's sentence.
Signup and view all the answers
Match the following offenses with their corresponding category in the Crown Court:
Match the following offenses with their corresponding category in the Crown Court:
Signup and view all the answers
Which of the following factors is NOT considered when a judge decides on a sentence?
Which of the following factors is NOT considered when a judge decides on a sentence?
Signup and view all the answers
Judges are not required to consider sentencing guidelines when deciding on a sentence.
Judges are not required to consider sentencing guidelines when deciding on a sentence.
Signup and view all the answers
What happens if a defendant pleads not guilty in the Crown Court?
What happens if a defendant pleads not guilty in the Crown Court?
Signup and view all the answers
Flashcards
Crown Court
Crown Court
A court that handles serious criminal cases, including either way and indictable offences.
Either way offences
Either way offences
Crimes that can be tried in either the Crown Court or Magistrate's Court.
Indictable only offences
Indictable only offences
Severe crimes that can only be tried in the Crown Court.
Entering a Plea
Entering a Plea
Signup and view all the flashcards
Mitigating Factors
Mitigating Factors
Signup and view all the flashcards
Sentencing Guidelines
Sentencing Guidelines
Signup and view all the flashcards
Trial by Jury
Trial by Jury
Signup and view all the flashcards
Sentence Determining Factors
Sentence Determining Factors
Signup and view all the flashcards
Jury composition
Jury composition
Signup and view all the flashcards
Trial by Jury history
Trial by Jury history
Signup and view all the flashcards
Jury's function
Jury's function
Signup and view all the flashcards
Eligibility for Jury Service
Eligibility for Jury Service
Signup and view all the flashcards
Verdict types
Verdict types
Signup and view all the flashcards
Influencing factors on juries
Influencing factors on juries
Signup and view all the flashcards
Jury's Oath
Jury's Oath
Signup and view all the flashcards
Role of media
Role of media
Signup and view all the flashcards
Study Notes
IFP0650: Crime, Criminal Law and the Jury (2)
- This module examines criminal cases in Crown Court, focusing on the jury's and judge's roles.
Learning Outcomes
- Understand the criminal case process in Crown Court.
- Understand the jury's role in Crown Court.
- Understand the judge's role in Crown Court.
Crown Court - Either-Way Offences
- Cases heard include: theft, burglary, possession of drugs (including intent to supply), affray, and assault occasioning actual bodily harm (s47 Offences Against the Person Act 1861).
- Sentencing is by a judge, and trials are by jury.
Crown Court - Indictable Only Offences
- Cases heard include: murder, manslaughter, robbery, conspiracy cases, rape and other sexual offences under the Sexual Offences Act 2003, arson, attempting to pervert the course of justice, assault under S20 and S18 of the Offences Against the Person Act 1861, and abduction.
Entering a Plea
- Defendant pleads guilty or not guilty.
- If guilty, judge sentences immediately or adjourns for a pre-sentence report from Probation Services.
- Judge can refuse pre-sentence reports.
- Defence solicitor addresses the court, mitigating factors.
Sentencing
- Sentencing depends on factors like type, seriousness, and circumstances of crime.
- Judge/magistrate considers: defendant's age and maturity, learning disabilities/vulnerability, seriousness of crime, criminal record.
Mitigating Factors
- Mitigating circumstances reduce sentence.
- Examples include personal life problems impacting behaviour.
Sentencing Guidelines
- Judges consider sentencing guidelines.
- Each offence has minimum and maximum recommended sentences.
Trial by Jury
- If defendant pleads not guilty, a trial date is set by the judge.
- Trial heard by a jury of 12 randomly selected members of the public.
- Jury service is a UK legal tradition.
The History of Trial by Jury
- Trial by jury dates back to the 12th century.
- Magna Carta (1215) acknowledged a right to trial by 'lawful judgment of his peers'.
Function of the Jury
- Juries decide matters of fact.
- Law matters are the judge's responsibility.
- Jury's decision based on a mix of facts and law, following judge's instructions.
- Jurors decide guilt based on their understanding of the law.
- Juries decide the verdict.
Jury Service
- Must be registered on the electoral roll, aged 18-75, ordinarily resident in UK/Channel Islands/Isle of Man for at least five years, and not disqualified.
- Jurors sworn in cannot refuse to come to a decision.
- Jury service deferral permitted only once.
- Failing to attend jury summons results in a £1000 fine.
Unanimous, Majority, Hung Juries
- Judge requests unanimous verdict.
- After sufficient deliberations (usually over six hours), judge can accept a 10-2 majority verdict.
- If no agreement, jury is "hung."
- Crown Prosecution Service decides on retrying case in a hung jury situation.
Are Juries Fair?
- Factors influencing jury decisions include: defendant's race, pre-trial publicity, expert witnesses, barrister abilities.
Jury or No Jury?
- Discuss jury decision-making based on conscience.
- Examine the possibility of finding impartial jurors who consider only factual evidence.
- Evaluate the stress and pressures jurors face in high-profile cases.
- Consider conformity and group dynamics.
The Role of the Media
- Pre-trial publicity, trial reporting, and inherent biases in reporting can impact jury fairness.
- Examples: The Yorkshire ripper, Stephen Lawrence case, and the Hillsborough disaster.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the roles of the jury and judge in Crown Court, focusing on the criminal case process. You will learn about either-way offences, indictable only offences, and the plea entry process. Test your understanding of the complexities involved in criminal law.
