The Legal System - criminal courts and lay people Flashcards

Question

What are the four types of sentence?

Answer 1

Custodial (imprisonment) Community based Fines (non custodial) Discharge

Answer 2

In the criminal justice system, either magistrates or juries, they 'lay' in this circumstance meaning legally unqualified

Answer 3

Volunteer citizens who work as unpaid (except for expenses) judges in mag court and youth court - they deal with the vast majority of criminal cases

Answer 4

Local people drawn from the electorate, who decide the guilt of offenders in the crown court - only around 2% of criminal trials use juries

Answer 5

Aged over 18 and under 65 but can retire at 70 Must demonstrate six key qualities: - good character - understanding and communication - social awareness - able to think logically - mature and have a sense of fairness - commitment and reliability No formal qualification/legal training require beforehand Willingness to take oath of allegiance

Answer 6

They work in a 'bench' (team) of three. One of the three will be the chairperson of the bench Try summary and relevant either way offences (less serious cases) Sentence guilty defendants Bail applications Fine enfoorcement Commit serious cases to crown court

Answer 7

They work in a 'bench' (team) of three. One of the three will be the chairperson of the bench Try summary and relevant either way offences (less serious cases) Sentence guilty defendants Bail applications Fine enforcement Commit serious cases to crown court Issue bench warrants Preliminary hearings i.e administrative hearings for indictable offences

Answer 8

Recruited and selected by a network of 14 local advisory committees made up of serving magistrates and local non magistrates Satisfactory character references sought before appointment Rigorous training if selected Two interviews before a recommendation to appoint an individual is made to senior presiding judge

Answer 9

Crime and Courts Act 2013 - statutory powers to appoint magistrates is by Lord Chief Justice - delegates the function to senior presiding judge for England and Wales

Answer 10

Aged 18-75 Registered as a parliamentary or local government elector Resident in the UK for 5 years from the age of 13 Not subject to provisions under mental health act Not disqualified from jury service e.g person on bail

Answer 11

Summons issued by Jury central summonsing bureau from electoral register (random selection) - identity checked, 15 chosen at random and then 12 are randomly selected - sworn in Jury vetting - DBS check is automatically carried out to check no one is disqualified - practice approved in R v Mason 1980 - authorised check may be carried out by approval of attorney general - is this where only the case concerns a matter of national security Once jury is sworn in , individual jurors/entire jury can be challenged by the prosecution/defence

Answer 12

- Sit in the crown court as a panel of 12 people - Listens to judges summing up - Listens to evidence and submissions from the barristers - Decides the facts of the case - Apply the law, as explained to them by the judge to the facts Independent without fear of pressure from the judge to either convict, decide a verdict quickly (Bushell's case 1670) - After judge sums up the case they retire to jury room - Secret discussion in order to come to their verdict - Verdict will be guilty/not guilty based on facts - Are allowed a majority verdict (at least 10) Foreman of jury will then make public announcement of verdict in open court

Answer 13

Public confidence Impartiality Open system of justice Jury equity

Answer 14

Trial by your peers is considered to be one of the fundamentals of a democratic society, bastion of liberty against the state (there can be faith in the system)

Answer 15

A jury should be impartial as it is not connected to anyone in the case The process of random selection should result in a cross section of society and so should lead to an unbiased jury. No one single juror is responsible for the decision

Answer 16

The use of a jury system is seen as making the legal system more open Justice is seen to be done as members of the public are involved in key roles and the whole process is public

Answer 17

Since jurors are no legal experts they don't have to follow the precedent of past cases or even acts of parliament and do not have to give reasons for their verdict As such they decide cases on their idea of 'fairness' (R v Pointing) - acquitted by the jury

Answer 18

Jury tampering High acquittal rates Language barriers Extra - slow and expensive and unpopular Racial bias

Answer 19

In some cases friends of the defendant may try to interfere with the jury - this may be bribing jury members to bring in a not guilty verdict or by making threats to jury members - in such cases police may be used to protect jurors but this may not be effective as it removes police from their other work

Answer 20

Juries often criticised for acquitting too many defendants - 60% of those who plead not guilty at the crown court are acquitted

Answer 21

Due to some language barriers, some jury members may not understand the information that is presented to them in order to make a decision - this lack of understanding or error can lead to outcomes that are incorrect or unjust

Answer 22

Although jurors have no interest in the case and there is 12 of them, jurors may still be prejudiced which can affect the verdict Some jurors may be biased against the police (which is why those with criminal convictions are disqualified from being a juror) Judges have some discrimination training, jury do not

Answer 23

Having to explain points of law increases the time taken and cost of the judges and legal personnel The compulsory nature means many jurors would rather not serve due to its impact on their work or family life

The Legal System - criminal courts and lay people Flashcards

(47 cards)