Jury

After the Norman conquest the jury system was imported into Britain . Under Henry II the jury began to take an important judicial function moving from reporting to deliberating on evidence produced by parties involved in a dispute. Bushell 1670, was a major milestone because before this judges would try to bully juries into convicting the defendant, particularly where the crime had political overtones, it was established that the jury were the sole judges of fact and could penalised for taking a view of facts opposite to that of a judge. Crown v. Wang, 2005, juries may acquit defendant even if the law demands a guilty verdict. Mr. Wangs bag had been stolen from a train station. When it was retrieved it was found to contain large martial arts weapons . Mr. Wang was prosecuted for having a article with a blade in public place. At his trial the judge rejected this defence and told the jury as a matter of law, the offences themselves are proved and I direct that you return guilty verdicts. The HOL allowed Mr. Wangs appeal the trial judge had been wrong to direct the jury to convict. COA questions as follow: in what circumstances, if any, is a judge entitled to direct a jury to return a verdict of guilty. And the HOL replied : Alexis De tocequeville : the jury is a political institution and its from tht point of view that it should be judge. Lord Devlin1956 :trial by jury is more than a instruments of justice and more than a one wheel of the constitution, it is the lamp that shows that freedom lives Penny Deebyshire 1991, wrote an article The lamp that shows that freedom lives is it worth the candle. Juries are not random They are not representatives but anti democratic, irrational and haphazard legislators whose erratic and secret decisions run counter to the rule of law. Summary magistrate Indictable offences Either way offence and tried in magistrate courts or crown courts. Criminal law act 1977, removed the right to jury trials in a significant amount in criminal cases by making most driving cases and relatively minor criminal damage cases summary only Sentencing powers of magistrate have been increased by CJA 2003, prior to these act magistrates could only sentences up to 6 months imprisonment for a single offence, whereas the new act max magistrate can sentence up to 2 months. CJA 2003 allows a trial judge alone in crown court in two situations where else the serious risk of jury tempering exist. Complex or lengthy financial or commercial arrangements. The Supreme Court Act 1991 qualified right to jury trial of civil cases in four types of cases. Liable and slander, malicious prosecution, false imprisonment, and fraud.

Deformation 1996 turns most offences to summary offences and if they are less then 10K pound they are heard by a judge alone. In all the other cases, the right of jury trial is at the discussion. Ward v. James 1996, the COA stated that in personal injury cases trial is by judge alone unless there are special considerations. Singh v. London 1990 an application for trial by jury for personal injury claim arising form Kings Cross underground fire on November 1987 was refused on the ground that a case involving such wide issues and technical topics was unsuitable for juries The Faulks Community Defamation 1975- criticized the distinction drawn between four types of cases. The function of the jury should be limited to deciding issues of liability, leaving assessment of damages to the judge.

Qualifications for Jury Service Before 1972, only those who own a home, which was over a prescribed rateable value, were eligible for jury service. The Morris community 1965 estimated that 78% of names on electoral register did not qualify for jury service and 95% of women were ineligible. Community recommended the right to jury service should respond to the right to vote. This reform was introduced in 1972.

Jury Vetting Consist of checking that the potential juror does not hold extremist views which some feel would make them unsuitable for hearing a case. This controversial practice first came to light in 1978 ABC trial: Crown v. Aubrey, Berry and Campbell. It was also stated that vetting might be necessary in special cases. Research : R. Sheffield crown court exp Brown Low, R v. Mason

How jury service is Appointed