The Role of Judges and Juries in the Legal System

These flashcards cover key concepts surrounding the roles of judges and juries, their decision-making processes, and relevant legal cases as discussed in the lecture.

What are the three branches of government?

Legislature, Executive, Judiciary.

What role do judges play in the Judiciary?

Judges interpret and evaluate the law and ensure it aligns with constitutional issues.

What is common law?

Law developed by judges through decisions in individual cases, ensuring laws remain relevant and fair.

What qualities should judges possess according to Wistrich (2010)?

Judges should be fair-minded, impartial, patient, wise, efficient, and intelligent.

What does impartiality in judiciary refer to?

Judges making decisions based on rationality and law, free from political bias.

What inconsistencies can affect judicial decisions?

Variations in asylum grants, sentencing, and personal biases impacting judgment.

How can judges' personal factors influence their decisions?

Judges may align judgments with their political or religious leanings.

What is gatekeeping in the context of judges?

Judges determining how a case proceeds, what evidence is heard, and pre-trial decisions.

What external influence can affect a judge's discretion?

Public safety concerns and flight risks in pre-trial bail decisions.

What do R v Sherratt's two characteristics of juries entail?

Representativeness and impartiality.

How many jurors are required in a criminal case?

Twelve jurors, with unanimous decisions typically needed.

What is a hung jury?

A jury that cannot reach a unanimous decision.

What did the ruling in R v Kokopenace (2015) clarify about jury composition?

Defendants are entitled to a fair and random jury, not necessarily one of the same race or religion.

What was Gerald Stanley's defense in R v Stanley (2017)?

He claimed the shooting was accidental, relying on a hangfire defense.

What does the jury need to consider about the accused's behavior?

Whether it was reasonable in the context of the incident.

What is the role of a jury during a trial?

Evaluating the facts presented in court and reaching a fair verdict.

How does pretrial publicity impact jury decisions?

Negative publicity can increase guilty verdicts, while positive may bias toward the defendant.

Can jurors take notes during a trial?

Yes, jurors can take notes and ask questions through the foreperson.

What impact does note-taking have on jurors?

Increases comprehension of case facts and issues.

Can jurors truly disregard certain evidence?

It depends on why they were instructed to disregard it.

What is the Backfire Effect in jury instructions?

Instructions to disregard evidence may inadvertently draw more attention to it.

What are the two routes to persuasion in the Elaboration Likelihood Model?

Central route and Peripheral route.

What should jurors assess regarding the narrative presented by lawyers?

The plausibility and coherence of arguments during the trial.

What is the purpose of jury instructions?

To help jurors identify correct and incorrect evidence.

What are some common issues with jury understanding of instructions?

Low understanding, retention, and application of judicial instructions.

What can improve juror decision-making according to research?

Providing reasons for instructions and including written versions.

What is the most effective way to influence juror views?

Presenting new evidence that contradicts prior conclusions.

What is one method to ensure jury comprehends instructions?

Providing written versions of the instructions.