Jury

Description

Law Mind Map on Jury, created by she3pwn0 on 06/05/2013.
she3pwn0
Mind Map by she3pwn0, updated more than 1 year ago
she3pwn0
Created by she3pwn0 almost 11 years ago
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Resource summary

Jury
  1. Support
    1. Against
      1. Sir Louis Blom-Cooper
        1. The question is not whether it is a fundamental freedom or right, but whethter ist provides a quality of justice as good or better than a proffesional.
          1. recipe for incompetence and bias. We should trust those whom train to be judges.
        2. Proffesor Brian Hogan
          1. In my view trial by jury has long outlived its usefulness. We preserve it because its a sacred cow.
        3. For
          1. Ford v Blurton (1922)
            1. Lord Atkin: Trial by jury, the shield of the poor from the rich and powerful.
              1. Trial by jury is more than an instrument of justice and more than on wheel constitution, it is the lamp that shows freedom lives.
            2. R v Rayment and Others
              1. Cps investigate and claim "They had a good or very good grasp of what the case was about from the prosecution opening.
          2. Landmark Association with the juries.
            1. Bushell's Case 1670
              1. Two Quakers on trial, the judge directed them to find a guilty verdict. They refused, He then fined them and upon them refusing he demanded them to be locked up until guilty verdict reached.
              2. McKenna 1960
                1. lock the jury up all night if they didnt decide on a guilty verdict in 10 minites
                2. Wang 2005
                  1. The judge directed the jury to find him guilty.
                3. The role of the jury is to decide on facts. They decide on points of facts and evidence not law.
                  1. Who qualifies.
                    1. Anyone between 18 and 70.
                      1. member of uk, channel islands or isle of man for at least 5 years.
                        1. NOT
                          1. Mentally unstable
                            1. those who are disqualified.
                          2. you can excuse yourself under a variety of conditions which wold hinder your lifestyle in doing so.
                            1. R v young
                              1. ouiji board used to decide the verdict.
                              2. perverse verdicts
                                1. R v Owen
                                  1. drunken driver hit owens son, owen seeked out the man and when released from prison shot him
                                    1. Jury said "they would of done the same"
                                  2. Alternatives
                                    1. Trial by single judge
                                      1. trial by panel of judges
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