PanAm747
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Is This The Way The British Courts Work?!

Wed Jan 16, 2002 4:07 am

I heard on CNN that a rape trial in Britain was called a mistrial when the jurrors couldn't stop watching a Dart Championship game on tv during deliberations.

It just shows you what kind of priorities some people have...
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GDB
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RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 4:22 am

'12 good people' not this time!
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RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 4:54 am

The other thing about the UK court system, is they cannot mention previous conviction in the court or on the media. I thought that was strange when I found that one out.
Iain
 
Guest

RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 5:08 am

Iain,

That isn't unique to the UK, many european countries have the same (stupid) rule about previous convictions. Personally I can't understand why they could think they're not relevant!




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David_itl
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RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 5:19 am


I presume it may be down to the fact if a person is undecided on the evidence brought before them as to the guilt or otherwise then knowing that the defendent has been convicted of a similar crime may sway their thinking and so declare the defendent guilty of the crime.

David
 
Banco
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RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 7:44 pm

Quite. The previous history is irrelevant to the particular trial taking place. It is the job of the crown (or DA, or whatever) to prove guilt for the crime the defendant is being charged with, not for something they did in the past.

The UK and US court system is very similar, for obvious reasons, but there are a few differences. For example we don't have jury selection in the same way as the Americans do. PanAm747, head up to Canada - they've got the same (more or less) system we have.
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airsicknessbag
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RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 7:47 pm

But the past convictions are quite relevant for sentencing once the guilt is proved, isn´t it?

Daniel Smile
 
Banco
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RE: Is This The Way The British Courts Work?!

Wed Jan 16, 2002 7:50 pm

Correct, and past offences are taken into account when sentencing. But sentencing is carried out by the judge who is aware of the defendant's background, not the jury, who aren't.

It is a notable difference in the UK that in civil cases the jury do not set damages, the judge does. Essentially, the jury are only there to provide the decision. I believe that the jury are also permitted to ask questions of witnesses through the judge.
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ryanb741
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RE: Is This The Way The British Courts Work?!

Thu Jan 17, 2002 5:33 pm

Ironically I am on jury service this week and next (I am on a big trial at the mo', but I can't talk about it until its all over).
I used to think the brain is the most fascinating part of my body. But, hey, who is telling me that?
 
Banco
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RE: Is This The Way The British Courts Work?!

Thu Jan 17, 2002 7:10 pm

Actually, Ryan I don't believe you are allowed to talk about it even when it's over. Another key difference between the UK and US.
She's as nervous as a very small nun at a penguin shoot.
 
b747ca
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RE: Is This The Way The British Courts Work?!

Thu Jan 17, 2002 7:13 pm

Why was the TV in the room in the first pLace?
ma va funk ulo
 
Banco
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RE: Is This The Way The British Courts Work?!

Thu Jan 17, 2002 7:19 pm

There were lengthy arguments between the lawyers over technical issues and of course the jury were sent out. To stop them being bored they were left a television. When they later went to deliberate on the verdict I suppose no-one thought to remove the TV. After all, you would expect a jury to actually take the job seriously, wouldn't you.
She's as nervous as a very small nun at a penguin shoot.
 
David_itl
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RE: Is This The Way The British Courts Work?!

Thu Jan 17, 2002 7:35 pm


My director was one of the jurors in the Dave Jones trial! Apparently, when it was all over, you could see him in the background when they were interviewing Dave Jones! So need for him to say anything....

David
 
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RE: Is This The Way The British Courts Work?!

Fri Jan 18, 2002 3:43 am

Also the other difference is in the UK the judge decides the sentence, while in the UK the jury does!
Iain
 
ryanb741
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RE: Is This The Way The British Courts Work?!

Fri Jan 18, 2002 4:04 am

Iainhol - the judge decides the sentence in the UK. The jury simply determines whether the defendant is guilty or not.
I used to think the brain is the most fascinating part of my body. But, hey, who is telling me that?
 
Jaspike
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RE: Is This The Way The British Courts Work?!

Fri Jan 18, 2002 4:12 am

What?  Confused

Josh
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Jaspike
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RE: Is This The Way The British Courts Work?!

Fri Jan 18, 2002 4:14 am

That was meant to be after Iainhol Nuts
 
Guest

RE: Is This The Way The British Courts Work?!

Fri Jan 18, 2002 4:23 am

I got my sentence mixed up it should read:
Also the other difference is in the UK the judge decides the sentence, while in the US the jury does!
Iain

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