What is a jury?

Everyone will be familiar with the word Jury and have an idea of what one is. Here are a few things that you might not know about juries.

Where can they be found? In Court! I hear you shout – correct.

What do they do?  Decide criminal cases I hear you shout!

Yes – but that is only one part of the role that juries can and do play.

If you are called for jury service do not presume that you will be sitting in a criminal court deciding whether the defendant is innocent or guilty.

You might well do just that, as there is no doubt that the bulk of juries are found in the environment of the Crown Court, listening to a trial of someone accused of committing a serious crime, that is if the potential juror is not challenged by the Prosecution or Defence. If there is a challenge there has to be a valid reason given why that person or persons cannot be on that jury.

However, juries are also found elsewhere.

Less than 1% of civil cases are heard by a jury. There is a right to jury trial in the civil law cases of malicious prosecution, false imprisonment, fraud or Defamation (slander or libel). This right can be removed if the case is likely to involve complex matters of documentation or science.

The reason behind having a jury in these cases is to do with the fact that a person’s reputation and character are being questioned.  Technically it is still possible for a jury to hear a personal injury case in the High Court but it would have to be in exceptional circumstances.

What else do we know about juries?  Do you know that the right to a trial by jury was laid down in the Magna Carta of 1215? So, it is not a new thing although the role of a jury has changed considerably from being witnesses to deciders of fact.

It also used to be the case that juries were often bullied by Judges and Bushells Case in 1670 laid down the rule that jurors had to be allowed to decide according to their conscience and not according to what the judge wanted: When the judge in this case told the jury to find the defendants guilty or they would be locked up without “food, drink, fire or tobacco” until they did. The jury refused to convict and asked another court to intervene and release them. That is what happened, they were released and the rule was laid down that jurors could not be punished for the verdict they reach.

There is a phenomenom called jury equity – this is a jury reaching a fair and (what they think) is an equitable verdict. A good example is the acquittal of Stephen Owen. His son, Darren was knocked off his bike and killed by Kevin Taylor, who had no licence, one eye and a reputation for violence. Taylor was convicted and sentenced to 18 months. He taunted the family of the dead boy before and after the trial and imprisonment. Mr Owen later took a gun and shot him in the arm and back. The jury in Owen’s trial found him not guilty even though he had given himself up to the police after the shooting. Jury Equity.

For more jury detail look in the course handbook.