Adv / Dis Flashcards
Juries advantage
Public confidence
Jury represent society as ordinary members
Survey by Law Society - 80% trust Jury more than judge or magistrate
Shows support and that system works
Juries advantage
Jury Equity
Fairness as jurors can decide verdict according to what they think is morally right and wrong and they do not have to follow the law
R v Owen the jury sympathised with D and found him not guilty
Juries can make fair decisions based on their conscience
Juries disadvantage
Perverse decisions
Decisions can be contrary to evidence either due to
Ignoring evidence and basing on their conscience or
Not understanding that law
R v Owen allowed to go free from serious crime
This defeats the point of law
Juries disadvantage
Influence of modern technology
Information about cases can be shared in social media
In 2012 12% of jurors in AG v Dallas used social media and made decisions about the defendant
They can be prejudice and go against their oath
Delegates legislation advantage
Saves Parliament time
650 mps takes 1 to 2 years to pass an act
Health and Safety at Work Act 1974 enables the Minister of Work and Pensions to make reputations relating to it such as Mining Relations 2014
This allows P to focus on Brexit
Delegates legislation advantage
Local area knowledge
People who live in area know the issues such as drinking in a park better
Delegates legislation
Risk of sub delegation
As Ministers of Government are very busy with national and international emergencies they will delegate to civil servants who are not elected
Many regulations are made by civil servants who may not represtn society
Delegates legislation
Volume and Publicity
Over 3000sls and several thousand by laws are made each year with little publicity
British Airports Authorities banned tennis racquets on planes but a man was fined as he didn’t realise this
It is impossible for the average person to be aware of all these laws
Parliamentary Law Making Adv
Democratic process
The MPs are elected and so the laws they make should represent what society want
An example is people voting for government to handle brexit as
If they make laws people agree with then they will be followed more and upheld so less arrests
Parliamentary Law Making adv
Consultation
They can take advice from many different organisations and bodies before passing a law
Goes through green and white papers where most consultation takes place and they can put forward national polls
When Parliament extended drinking hours in pubs the consulted many different bodies that would be affected to view the consequences
Parliamentary Law Making disadv
Lengthy process
The passing of a bill can take months or years through both houses multiple times and ping pong process
Many bills are never turned into acts as parliament run out of time especially private memebers bills
Laws that are outdated are followed as they have not been changed yet by parliament
However parliament take their time to make good acts
Parliamentary Law Making disadv
Government had too much control
Government can control parliament timetable and will push for legislation that they have promised and will get them support and therefore private members bills are rarely passed
Abortion Act was passed however many issues important to society as not passed as they don’t go through the legislation process
Magistrate advantage
Magistrates represent
A bench of 3 mags decide a case and this bench is as balanced as it can be in age gender ethical
They live in local area
2016 data from Judicial Diversity Stats
53% of mags are female compared to 28% of judges
11% are ethical monitors compared to 6% juries
Gives a range of views
Magistrate advantage
Cheap
They do not get paid a salary
A trial at Mags court costs £1500 or £500 for a guilty plea compared to £13500 - £2500 with guilty plea
To replace mags with judges would cost £100m a year
Using mags saves the legal system money as thy deal with 97% of criminal cases
Magistrate disadvantage
Not truly represent of society
They are not that representative in regards to age and socioeconomic background
2016 data fro the judicial diversity statistics 80% of mags are 50 or older and only 1 % under 30
Most from professional background
Lack of representation
