Moss & Co are experienced jury trial lawyers

Crown Court Jury Trial

We talk a lot in this Country about the benefits of a jury trial, how leaving the decision in the easily of 12 people chosen at random, is the fairest way of securing justice. How does a jury determine?

How do juries decide?

Laws prevent juries being asked about how they came to their decision.  In that location are lots of academic studies, some with mock juries that shed little calorie-free on the process. It is hard to recreate the very real responsibleness a juror feels when presented with crucial decisions about a real person's guilt or innocence. What we do know however, in infinitesimal detail, is the legal process that guides them in their determination making and despite the lack of 'hard proof.' nearly lawyers actively support trial past jury.

Online research?

Jurors sometimes inquiry the example or facts continued with it online. On other occasions they may endeavour and get information from social media. This can exist contempt of court and can country the juror in trouble.  The judge volition e'er tell the jury that they must determine the instance on the facts they hear in court and no others.

Why tin't the jury research the instance?

There are very adept reasons why some information is kept from a jury. Going backside the court'due south order not to hash out evidence with anyone outside the jury is a serious thing. The reasons include:

  • The instance must be tried on admissible prove. In full general, this means evidence given in person by someone who has witnessed the events or can requite beginning hand evidence about matters such as documents.
  •   Hearsay prove is not allowed except under special circumstances. An example of hearsay is a witness saying, "John said that Jane said the defendant was responsible".  Virtually all so-chosen facts to be found on the internet will be hearsay. They have no place in a court of police force or in a juror's mind when deciding guilt or innocence
  • .The accused is presumed innocent until proven guilty. For this reason, with some exceptions, the jury is not usually told most a defendant'south previous criminal record.  Unsurprisingly Googling a accused'due south proper noun will often turn upward search results of previous court appearances.
  • Every defendant is entitled to a off-white trial. That is a trial in which the facts are decided on the show given in court and no other.

We first with 12

Nosotros always start with 12 jury members. No criminal jury trial can commence with fewer jurors. Howver for lots of reasons a trial does non always finish with 12. Jurors may become sick and exist unable to return, or in rare cases, they may be removed from a jury due to some misconduct.  Provided the number of jurors does not fall beneath ix, a verdict can be reached.

A unanimous verdict

The Judge volition always seek a unanimous verdict first. That is a verdict upon which all the jurors are agreed, so either guilty or not guilty. In the early stages of a jury because its verdict, a Judge cannot accept a majority verdict.  If the jury are completely stuck the approximate can take a bulk decision. When that happens varies from case to instance. Mostly, judges await longer in the more serious cases such as murder, armed robbery or firearms offences.

If a judge decides to let a majority verdict he will tell the jury that they should try hard to reach a verdict that they all agree with.  If they cannot do that he will tell them that a bulk verdict will be accepted.  In a jury of 12 no more than two jurors tin can disagree. Where  the jury has 10 or 11 members only one person may disagree. On the otherhand if there are 9 jurors the verdict must be unanimous. If the verdict is not guilty, the defendant is complimentary to leave courtroom (if there are no other matters remaining).

Hung jury?

Sometimes the jury cannot reach whatsoever kind of verdict. The Guess will often know this as the jury will write a annotation to explicate the situation. The advocates will not know this has happened because the note often states the number for and number against conviction. When a deadlock occurs, the judge will tell the jury that there should be some 'give and take'.  The approximate will enquire all jurors to use their experience to reach a decision.

If despite further deliberation information technology becomes clear that the jury is deadlocked, the jury volition exist discharged, and the trial will exist over.

Sometimes the prosecution may decide to take a new trial. On other occasions they will determine that the case is not strong enough for a retrial.

What role practice solicitors play in a jury trial?

Solicitors are a central part of jury trials. This is because we are responsible for preparing the defence evidence that is placed before the jury. There is some enquiry which shows that juries decide the outcome of a case on the evidence alone.  That is the persuasive arguments of the advocates do not accept precedence over the facts.  This means that the preparation and presentation of show disposed to prove that the accused is not guilty is the most important cistron in achieving successful outcomes. One study showed that:

"In approximately xc% of trials, the position favoured past the majority at the beginning of deliberations becomes the jury verdict".

That "position" is the initial impression the jurors have of the accused and his evidence as compared to the prosecution and their evidence.

How we can assist

If yous wish to plead non guilty in crown court trial we can help. That aid includes:

Preparing the bear witness for trial including the evidence to exist given past the defendant. This is often the crux of the case and requires careful attention to detail. We test the testify y'all volition give by robust questioning in conference.  It is likewise very important that a defendant is fully familiar with courtroom procedure and so that when they appear in courtroom they know exactly what is going to happen. It is in our view a adept idea for defendants to get and watch actual trials as a member of the public.

The testify

Careful analysis of the prosecution instance so that the defendant knows what must be proved against him. That is, nosotros identify all the facts central to the prosecution instance. If you do not know the facts, then you lot cannot assault them.

If you want to win a jury trial it really helps to accept contained testify indicating that you are not guilty. This may be:

  • Witnesses to events
  • Medical evidence every bit to psychological or medial weather or capacity
  • Experts as to a wide range of facts, such equally whether handwriting is yours, whether firearm residues are consistent with firing the gun, whether a controlled drug is what the prosecution say it is, or attribution of fingerprints, blood or Deoxyribonucleic acid.
  • Graphic symbol evidence which shows that the accused is not they type of person to commit the law-breaking declared.

Nosotros realise that the crown court trial procedure can be difficult for both our clients and their families. We are engaged at all stages so that the client knows what is going on and what volition happen next.

As experienced trial lawyers and the focus must be on yous and your amortization. Wee will have done cases like yours and you must be involved throughout.

For further data most how Moss & Co can help with your Crown Court trial call Jamie Ritchie or Keith Hollywood on 020 8986 8336 or u.s. the contact form below.

Jamie Ritchie, Partner, Moss & Co

Jamie Ritchie

Keith Hollywood