Jury decision making

Jury definition by Lord Devlin (1953)

• “Trial by jury is more than an instrument of justice and more than a wheel of constitution; it is the lamp that shows that freedom lives”

Origins of jury

• Anglo-Saxon period ‘jury of accusation’

• Only became ‘triers of fact’ in 1215, when Roman Catholic church removed support for trial by ordeal

• Traditionally, only owners of property of a specific value could be jury members

• Women were automatically disqualified until 1919

• Property ownership requirements only removed in 1970s

• jury forms part of the social contract

  • representing the cultural/social context (‘the Sovereign’) in which the crime & subsequent trial take place

Who are the jury (Must meet all critieria)

• British, Irish, Commonwealth or EU citizens on parliamentary or local government Electoral Register

• aged 18-75 (70+ can ask to be excused from serving)

• resident in the UK, Channel Islands or the Isle of Man for any period of at least 5 years since the age of 13

• not disqualified for whatever reason

Who is disqualified 

• Those who are liable to be detained under the Mental Health Act 1983 or who lack mental capacity are disqualified.

• currently on bail are disqualified

• Disqualified for life if they have been sentenced to:

  • A life sentence

  • Detention for public protection

  • An extended sentence/Imprisonment/detention for 5+ yrs

• Persons are disqualified for 10 years after:

  • Sentence, or suspended sentence of imprisonment or detention (less than 5 years)

  • Community punishments or treatment orders.

Who is excused 

• If it’s not possible for you to do jury service in the next 12 months, you can ask to be excused. You’ll only be allowed to do this in exceptional circumstances, for example:

  • have a serious illness or disability

  • you’re a full time carer of someone w/illness or disability

  • you’re a new parent & will not be able to serve at any other time in the next 12 months

• You can also ask to be excused from jury service if you’ve done it in the last 2 years.

How is a jury selected

• Names randomly selected from electoral register

• Must notify the court if they are unable to attend

• Expectation is that the case will take 2 weeks

• Jurors informed in advance if the case is expected to overrun

Jury Vetting

• Prosecution & defence are provided w/juror list

• Basic police check carried out as routine

• More intensive vetting takes place only if prosecution or defence deem it necessary

• Vetting may be a extensive background checks in matters pertinent to the nature of the case (e.g. political affiliations)

Jury selection

• Group of 15 appropriate jurors assigned to a case

• Court Clerk selects 12 at random to form the jury

• Jurors must inform the Court of any personal interests

  • Such jurors may be replaced by one of the 3 ‘spares’

Jury decision-making

• Cannot study real juries →  can’t discuss anything that takes place in deliberation room

• “It is an offence for anyone to obtain, disclose or solicit any particulars of statements made, opinions expressed, argument advanced or vote cast by members of a jury in the course of their deliberations” (Contempt of Court Act, 1981)

• Shadow juries

• Mock ‘simulated’ juries

Are juries fair (Thomas, 2010)

• Jurors asked to recall two specific, key issues

• Almost 70% said the instructions were simple & easy to understand

• Only 31% could correctly recall the two key issues

• Only 48% could correctly recall the issues, even after being given a written summary of the judge’s direction