lay people
advan and disadvan's
- Created by: Bryony
- Created on: 05-01-11 17:15
Advantages of having Magistrates
Cost
-annual saving of having magistrates is £100 million
-they are unpaid, except enpenses
-cheaper than training judges for that role
-magistrates training is £400, judges is £90,000
-the only profit making court in English Legal System
Advantages of having Magistrates
Public Confidence
-example: studies in 2000 and 2001
-suggested public would not support any moves to lessen role of magistrates
Advantages of having Magistrates
Local Knowledge
-crown court spend lot of time explaining scene of crime to jury
-when sentencing can take local problems into account
-example: DPP v. Paul
-magistrates were asked if a kerb crawler would be a nuicance
-because they knew local problems they knew it would be
Advantages of having Magistrates
Availability of Judges
-if judges had to replace magistrates 1,000 would need to be employeed
Disadvantages of having Magistrates
Unrepresentative of Society
-said to be: 'middle aged, middle minded, middle classed and white'
-all one type of person
-5% under 40
-2/3s have proffessional or managerial jobs
-compared to 1/3 in population
Disadvantages of having Magistrates
Inconsistent
-some are more harsh than others
-sentencing/conviction in different areas does not add up
-example: those convicted of ABH sentenced..
Bath - 14%, Bristol - 26%, Somerset - 8%
Disadvantages of having Magistrates
Case Hardened and Biased
-they are use to hearing cases
-no longer sensitive to defedant or his reason
-example: Bingham Justices ex Jowitt
-motorist was convicted of speeding, only evidence was his and police officers words
-magistrate said 'my principle.. always been to believe the evidence of a police officer'
Disadvantages of having Magistrates
Reliance on Police and Legal Adviser
-they ignore their neutral stance
Advantages of having a Jury
Public Participation
-reinforces view
-CJS serves society as a whole
-not totally removed from society
Advantages of having a Jury
Balance against State
-not all the power is with the government
Advantages of having a Jury
Perverse Verdicts
-a view of public opinion and the justice of bringing a prosecution
-example: R v. Owen
-verdict was completely against overwhelming evidence
Disadvantages of having a Jury
Effect of Jury Service
-particuarly when case has similarities to personal experience
-example: Tony Martins case
-the jury were nobbled by the king of the gypsies and a woman was reported to be too terrified to leave her house
-example: Rosemary West
-very distressing evidence
Disadvantages of having a Jury
Not Required to give Reasoned Verdicts
-can give verdict on a whim
-could just be going with the flow to go home
-example: R v. Shipman and fraud cases
-the jury may no have knowledge to reach a verdict
-example: R v. Young
-jurors may give unproffessional, unfair decisions - use ouija board
Disadvantages of having a Jury
Not truly Representative
-many are excluded as being disqualified
-likely that the jury will have a high proportion of elderly
-this is because most defendants are under 25 and also mothers with young children are disqualified
-jury vetting may also affect representative make-up.
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