Today the relaxation of the language requirement has made the jury a more

Today the relaxation of the language requirement has

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- Today, the relaxation of the language requirement has made the jury a more representative institution: - The jury pool has increased from 20,000 in 1995 to about one-tenth of the entire population in 2014 (about 700,000). HK jury normally 7 persons Fair trial-good for politically sensitive cases Lord Devlin (1956) Only roughly half of the 5,000 people committed for trial by jury between 1844 and 1870 had been found guilty. Chiang Lily v Secretary for Justice (2009), the Court of First Instance (Wright J)
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- The Registrar of the High Court confirms the List of Jurors in February every two years. - Jury service is considered an important civic duty a request to be removed from the jurors’ list either permanently or for a specified period will rarely be successful. - The minimum number of jurors is 5; a jury of 7 (and up to 9) jurors are sworn for criminal trials. - An accused may challenge not more than 5 jurors without cause and for any cause (eg bad character, bias, not qualified) Jury trial - In a criminal trial before CFI, it is the jury rather than the judge who determines the guilt of the accused on the basis of the facts - The role of judge is to moderate the proceedings - After all closing speeches the judge will sum up the case to the jury - Only in rare cases will the judge direct jury to acquit, if the evidence has made it unsafe to convict (but not to convict) - If the jury convicts, then the judge will to mitigation and sentencing phases-> sentencing is solely the judge’s responsibility Independence of jury - Jurors must act independently, fairly and impartially - An employer who terminates or threatens to terminate or discriminates against any employee due to his or her service as a juror is criminally liable and punishable - The role of judge in a jury trial is not to find facts or issue a verdict, but to explain the law to jurors - In exceptional case, a judge may direct the jury to acquit, but has no power to direct the jury to convict the accused Doctrine of “jury equity” - Jurors to deliver verdicts based on their conscience : if they believe the letter of law is unduly harsh , or if they feel special sympathy for the accused - Juries do not give reasons for their verdicts - An acquittal by a jury may not be appealed against - Jury equity is considered as the last line of defence against oppressive Sar v chan huandai (2016) Some also doubt jury’s competence against complex cases-> affect fair trial
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prosecution whereby jurors can rescue a deserving D - It has reinforced skepticism that verdicts may be based on irrelevant factors eg D’s appearance, personality of counsel/ prosecutor, personal bias for and against law enforcement, media influence - An appellate court must proceed on the premise that the jury will have faithfully abide by and obeyed the judge’s instruction.
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