{"id":29634,"date":"2023-11-28T23:26:26","date_gmt":"2023-11-28T23:26:26","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29634"},"modified":"2023-12-08T22:47:11","modified_gmt":"2023-12-08T22:47:11","slug":"juries-issues","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/juries-issues\/","title":{"rendered":"Juries Issues"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Background\" title=\"Background\">Background<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Modern_Juries\" title=\"Modern Juries\">Modern Juries<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Nature_of_Juries\" title=\"Nature of Juries\">Nature of Juries<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Summons_Oath\" title=\"Summons &amp; Oath\">Summons &amp; Oath<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Members_of_Jury\" title=\"Members of Jury\">Members of Jury<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Control_of_Juries\" title=\"Control of Juries\">Control of Juries<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Deliberations\" title=\"Deliberations\">Deliberations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Verdicts\" title=\"Verdicts\">Verdicts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Deliberations_Privileged\" title=\"Deliberations Privileged\">Deliberations Privileged<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/juries-issues\/#Interfering_with_Juries\" title=\"Interfering with Juries\">Interfering with Juries<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Background\"><\/span>Background<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The jury is an ancient legal institution. Historically, juries were used in a variety of contexts. Juries once performed a range of functions in the administrative and judicial sphere.<\/p>\n<p>At common law, there was a broad distinction between a jury summons to inquire and make a presentment and juries of issue and assessment. The latter type of jury is that most commonly encountered in modern times.<\/p>\n<p>The \u00a0grand jury was the precursor of local authorities and undertook administrative functions making <em>presentments under legislation for various purposes. <\/em>If the jurors agreed they make a presentment in writing signed by each member and the presiding officer.<\/p>\n<p>The grand jury returned accused persons for trial, as the initial stage of the more serious criminal offences, where there was sufficient evidence to so warrant. may be empanelled in civil, criminal and coroner&#8217;s courts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Modern_Juries\"><\/span>Modern Juries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Juries are encountered most commonly in\u00a0 criminal proceedings. There is a constitutional trial to a jury for most non-minor offences. They are also found in\u00a0 coroner&#8217;s courts and in a limited category of civil cases.<\/p>\n<p>Prior to reforms in the late 1980s, there were juries in most civil cases including the ubiquitous negligence action for personal injury. 1988 legislation has curtailed significantly, the role of juries in civil cases.<\/p>\n<p>They remain available only in defamation cases, assault, battery\u00a0 false imprisonment. Some medical clinical claims involve a technical battery, so that a jury trial may be available<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nature_of_Juries\"><\/span>Nature of Juries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A jury is a body of persons drawn from the community which is convened in accordance with \u00a0law in order to represent the public in the context of proceeding. They are obliged under oath or affirmation to perform their duties. At common law, a jury comprises 12 persons, and this\u00a0 largely remains the position.\u00a0 This has been varied by some statutes or by varied by consent in \u00a0non-criminal cases.<\/p>\n<p>The primary function of a jury in the context of legal proceedings is to determine the \u00a0facts either by inquiry or most commonly, on production of evidence at trial. In criminal and civil cases, they are charges with making findings of fact based on the evidence presented.<\/p>\n<p>The judge directs the jury in relation to issues of law that are relevant to the matters in issue. The jury\u2019s\u00a0 verdict or award is their ultimate finding determination in the matter based on their finding of facts and applying where applicable the law as directed by the judge.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summons_Oath\"><\/span>Summons &amp; Oath<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Historically, the sheriff summoned the jury.\u00a0 The sheriff\u2019s immediate successor in many contexts, the County Registrar summons juries in Circuit Court case.\u00a0 In practice most juries are found in the Circuit Criminal Court, which hears most serious criminal offences.\u00a0 \u00a0Jurors are summoned by the service of a jury summons. The summons may be served in person or more usually by registered post.<\/p>\n<p>By custom the oath is administered to the foreman first. The \u00a0other members of the jury are then sworn to observe the oath he has taken. Theey must hear the evidence brought before them and determine the matter on this basis. \u00a0<em>\u00a0<\/em><\/p>\n<h3><span class=\"ez-toc-section\" id=\"Members_of_Jury\"><\/span>Members of Jury<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person is charged on indictment a jury is sworn to try the issue.\u00a0Upon the panel of jurors being assembled, there is right of challenge \u00a0individual jurors.\u00a0 There are two types of challenge.<\/p>\n<p>Prospective jurors may be challenged for favour or bias or suspected favour or bias. A certain number of peremptory challenges (no reason need be stated) are permitted.<\/p>\n<p>Prospective jurors may be challenged on the basis they do not have the requisite capacity to serve on a jury. They may be challenged on the basis they have committed a crime which renders them unsuitable to serve. They may be challenged on the basis of rational or suspected bias.<\/p>\n<p>The judge determines the challenge. The prospective juror who has been challenged may (but need not) be examined on oath as to the matter is concerned.\u00a0 Matters which tended to show bias maybe elicited. Upon \u00a0conclusion of any challenges, the remmaining \u00a0jurors are sworn in.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Control_of_Juries\"><\/span>Control of Juries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In criminal cases, there is discretion as to whether to allow the jury to separate or not.\u00a0 Separating after summing up by the judge, should not generally be permitted.\u00a0 They may be allowed at any time before giving their verdict, the use of reasonable refreshment at the court&#8217;s expense.<\/p>\n<p>If a jury behaves improperly, such as by separating without leave, communicating with other persons, receiving evidence out of court or determined their verdict improperly \u00a0they may be discharged and new a trial ordered.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Deliberations\"><\/span>Deliberations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the trial of any matter civil or criminal a jury may be withdrawn by consent of the parties.\u00a0 The court may in its discretion discharge the jury at any time before the verdict. The jury ought not be discharged for the purpose of procuring\u00a0 further evidence which has not been brought forward at the trial.<\/p>\n<p>In criminal cases communications between the jury after retirement and the judge, should be read out in court.\u00a0 The judge has a discretion if it is not one who reflects the merits of the case In a civil case the communication should be read in open court, or if it is undesirable, should be seen by counsel or litigant in person.<\/p>\n<p>If the jury indicate that it wishes to make a decision without hearing all the evidence, the judge may in his discretion discharge them, I he does not, he must direct them to hear whole of the case,<\/p>\n<p>A juror should not decide mattes on the basis of \u00a0his personal knowledge of facts. He must declare personal knowledge or interest in is oath. A \u00a0juror may however, have regard to his general knowledge.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Verdicts\"><\/span>Verdicts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Juries may render special or general verdicts in civil and criminal matters.\u00a0 General verdicts in criminal cases are one of guilty or not guilty,.\u00a0 In civil cases, they are declarations as to the party for which the jury finds with \u00a0the amount of damages.<\/p>\n<p>Special verdicts are \u00a0findings of particular facts upon which the courts must give judgment according to law or in criminal cases direct the jury to return a general verdict wanted by the special facts. Special verdicts are not an obligation, but a privilege of juries. If they do not or refuse to find a special verdict or accept the direction of the judge as to what the \u00a0general verdict based on it should be, it appears that the general verdict must stand.<\/p>\n<p>The verdict of the jury must be given in an open court in the presence of all of them. The general principle is that it must be unanimous, \u00a0save where statute otherwise allow.\u00a0 In civil cases it may be taken by majority by consents.<\/p>\n<p>A judge may advise as to the desirability of the unanimous verdict. He may not pressure the jurors in order to give up their independent opinion and judgement.<\/p>\n<p>Once the jury has given its verdict in a civil case, it cannot be recalled to rectify it.\u00a0 There must be a new trial. A judge must decline to hear reasons upon which the verdict is based and should not request them.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Deliberations_Privileged\"><\/span>Deliberations Privileged<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Statements and affidavits made by juries in relation to their deliberations and their intentions \u00a0not admissible.<\/p>\n<p>Affidavits of jurors or bystanders as to what happened in an open court on bringing of a verdict or the circumstances in which they went into the box or \u00a0their capacity may be heard.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Interfering_with_Juries\"><\/span>Interfering with Juries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is contempt of court to threaten or use threatening or abusive language to a juror.\u00a0 It may be dealt with the court as contempt of court, it is a misdemeanour for a juror to impersonate another. It is \u00a0a misdemeanour to determine a matter by lot<\/p>\n<p>It is misdemeanour to corrupt or influence a jury in their determination.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29634\" data-postid=\"29634\" class=\"themify_builder_content themify_builder_content-29634 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Background The jury is an ancient legal institution. Historically, juries were used in a variety of contexts. Juries once performed a range of functions in the administrative and judicial sphere. At common law, there was a broad distinction between a jury summons to inquire and make a presentment and juries of issue and assessment. The [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[271],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29634"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29634"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29634\/revisions"}],"predecessor-version":[{"id":30011,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29634\/revisions\/30011"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29634"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29634"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29634"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}