Juries Essay

Juries have been used in our legal system for over 1000 years since the Magna Carta which recognised the right to trail by “the lawful judgment of his peers.” Since 1215 juries became the usual method of trying criminal cases. The independence of the jury was recognized in Bushell’s case (1670) when it was established that the judge could not challenge the decision made.

Juries are used in both Criminal and Civil cases although the use of juries is very small. Juries are used in the Crown Court for criminal trials of indictment, High Court - Queen’s Bench Division, County Court and in some cases the Coroners’ Courts. Less than 1% of criminal cases are decided on by a jury this is because 97% of cases are dealt by the Magistrates’ Court and from the cases that go to the Crown Court, about two out of three defendants plead guilty. Juries in criminal cases are used to decide the guilt or innocence of the defendant. Juries are used in civil cases to decide the liability and on the damages for the following cases; deformation, malicious prosecution, fraud and false imprisonment. In very exceptional cases a jury can be used in personal injury cases. In these cases a judge of character isn’t necessary so there is no need for a trail. Person injury cases should normally be tried by a judge to assess compensation award on a fixed scale. The case on Ward v James (1966) established that juries will only be used in “exceptional circumstances,” the case of H v Ministry of Defence (1991) further reinforced this rule.

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The jury is selected randomly from the electoral role. Around 150 people are chosen and then summons around 15 people to sit. To be a juror you also have to be between the ages of 18-70 and be ordinarily resident in the UK, Channel Islands or Isle of Man for at least five years since the age of 13. There are a certain number of people who are not allowed to sit due to lack of capacity, these can be the mentally disordered, be resident in a hospital or similar institution, or regularly attend a medical practitioner for treatment. Other ...

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