6 - Courts Flashcards
Where do criminal cases in England and Wales start?
Majistrate’s Court
Where are the more serious offences passed on to?
Crown Court
What type of offences do Majistrates deal with?
Summary offences and Indictable offences
What are the 3 classes of offences handled at Crown Court?
Class 1 - most serious (e.g. treason and murder)
Class 2 - offences which include rape
Class 3 - all other offences e.g. burglary
What age is Youth Court for? Name some key differences in Youth Courts
10-17 year olds. No jury, defendant called by first name, parent/guardian present.
Where are the adversarial system and the inquisitorial system applied?
Adversarial system is applied in anglo-american settings. Inquisitorial system is applied in continental europe
What is the main difference with US and UK adversarial systems in terms of the lawyer’s freedoms?
Lawyer cannot move around the courtroom in UK
Name some issues with eyewitness testimony?
Change blindness, weapon focus, target salience, stress & arousal, crime seriousness, intoxication, false memories
According to Barlett and Memon (1995), what are some strategies that help a lawyer to persuade jurors and judges?
Vivid language, repetition, loaded questions, subtle shifts in wording
What are the two approaches to Closing Statements?
Chronologically run through evidence, or expository approach to compare the two opposing views
What year did the law change so that unanimous agreement among jurors was no longer necessary in UK?
1967
What is the key issue with the use of juries?
No expertise in the area in which they must make a decision
What percentage of criminal cases are put before a jury in England and Wales?
2%
How are jurors selected in England and Wales?
Random selection from the electoral role
What extra-evidential factors can influence jurors?
Pre-trial publicity, inadmissible evidence, attractiveness, socio-economic status
