judiciary Flashcards
(6 cards)
what is the first strength of the judiciary?
One strength of the Judiciary is that it has both local and national reach. The Supreme Court has national jurisdiction and hears cases of the greatest public or constitutional importance affecting the whole population. Whilst The Crown Court deals with the most serious criminal offences. It is located in over 70 court centres across England and Wales. This shows the Judiciary are effective in achieving social control because as due to the range and number of courts with England and Wales trials can happen in a timely manner and offenders can be brought to justice and punished for their actions.
what is the 2nd strength of the judiciary?
Another strength of the Judiciary is that Judges use Sentencing Guidelines. Sentencing guidelines help make sure that judges and magistrates in courts across England and Wales take a consistent approach to sentencing, for example if a defendant is guilty of murder then they will receive a mandatory life sentence from a Crown Court judge. This shows the Judiciary are effective in achieving social control because defendants will receive the most appropriate punishment that meets the aims of punishment.
what is the 3rd strength of the judiciary?
Another strength of the judiciary is their extensive legal knowledge and expertise, enabling them to interpret complex legislation and adjudicate a wide range of cases effectively. Judges are appointed based on merit through a selection process managed by the Judicial Appointments Commission. Candidates must demonstrate extensive legal expertise, experience, and the ability to interpret and apply the law impartially. For example, judges in the High Court and above are typically former barristers or solicitors with significant experience. Once appointed, judges will then undergo further training provided by the Judicial College. Judicial expertise enables fair, consistent, and appropriate application of the law, which is essential for achieving effective social control. By upholding justice, the judiciary promotes public trust, order, and conformity with legal and social norms.
what is the first limitation of the judiciary?
One weakness of the Judiciary is that there have been issues with unduly lenient sentencing. Statistics from 2021 show that 106 offenders had their sentences increased after their sentences were challenged because they thought they were too low. The Attorney General’s office said that 478 tariffs were increased in 2019. Nearly 1 in 5 of the 478 appeals related to sentences for sexual crimes including rape and sexual assault, of these 15 cases were issued with a stricter sentence. Therefore, such figures may suggest that the judiciary is not effective in terms of passing the correct sentencing tariff to offenders which will limit social control achieved.
what is the 2nd limitation of the judiciary?
Additionally, over time it has been suggested that judges can become case hardened. This means that there is the potential for judges to become cynical, biased or jaded due to repeated exposure to similar cases and legal arguments. As a result this could mean that they no longer sympathise with defendants because they are too bored of the cases that they’ve been examining for years. This can also lead to them brushing off details, or zoning out during explanations of things that they have heard before. Therefore, this could lead to unfair or inconsistent judgements, which could lead to an unjust sentence.
what is the 3rd limitation of the judiciary?
Another weakness of the Judiciary is that they may be considered out of touch with society. For example, an article from the Law Society suggests that judges are viewed as “Middle aged, middle minded and white and as of April 2022, over two-thirds of judges were aged 50. Only 10% are from a minority ethnic background.
“We need a judiciary that truly reflects our diverse society” This shows the Judiciary are not effective in achieving social control because as suggested by the Law society “ we need a judiciary that truly reflects our diverse society” to ensure that appropriate sentences are handed down and that suspects are receiving a fair and just trial.
