Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Chapter 12- Lay personnel, Jury, Lay mag. > Flashcards

Chapter 12- Lay personnel, Jury, Lay mag. Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

what are Lay Magistrates

A

These are a group of locals that come from a wide range of careers and experiences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What type of civil cases do magistrates hear

A

-Family proceedings
-open court cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Describe the Family Proceedings Courts

A

-Private
-Informal
-lay magistrates appointed should be experienced
-a fair amount of reading

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the roles of magistrates in summary/ triable either way offences

A

-They can decide on a sentence with a maximum of 6 months
-they can decide on a fine
-hear on evidence
-will decide on a plea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is the main role of a magistrate clerk

A

they guide the lay mag. on a point of law, practice or procedure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

mention 4 qualities that lay mag. should acquire

A

-Good character
-understanding
-social awareness
- sound judgement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What other qualifications are needed to become a lay mag.

A

> Ages between 18-65 years
>Must be working locally
>must give time to a 26 half day period for trials
>No criminal record/background

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How do the local advisory committees reach a wide range of potential candidates

A

-Newspapers
-advertisement
-on community noticeboards
-radio

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the 2 stage interviews about

A

1st- question the individuals personal attributes, the 6 qualifications, the persons view on justices and crime
2nd-Aimed at testing the persons judicial aptitude by talking about cases and sentences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who shall appoint the new magistrates from this list

A

-The Senior Presiding Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who is the training of lay mag. supervised by

A

The Magisterial committee of the judicial college.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

During training, new magistrates must;

A

-Attend introductory clases
-attend training on key skills, knowledge and understanding
-attend court and observe experienced magistrates
-visit prison or probation offices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Each new magistrate is assigned to a____________ who assists them

A

A mentor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does Appraisal aim to do

A

It involves practical training and checks whether trained magistrates have the skills and qualities needed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what are the 4 advantages of Lay magistrates

A

+They are more representative than professional judges
+should have some knowledge of the local area and its problems and patterns of crime
+cheaper
+few appeals are made against conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the 3 disadvantages of lay magistrates

A

-majority are aged over 50 and have a similar profession
-despite there being training, there could be some inconsistencies between benches on sentencing
-Possible bias in favour of police and prosecution

17
Q

What is the definition of a jury

A

A body of people sworn in to give a verdict on the basis of evidence submitted to them

18
Q

What are the qualifications needed to become a jury and state the Act

A

The Juries Act (1974):
-Aged between 18-75
-Registered as a voter for local government or parliament
-Ordinarily resident in the UK
-should not be mentally disordered

19
Q

What are the disqualification for a jury

A
  • detention for public protection
  • a term of detention for more than 5 years
  • an extended sentence
20
Q

What are the 3 conditions for a judge to follow when becoming a juror

A

> should not disclose their judicial office
>should report that they know the presiding judge or other persons in the case if it will interfere
>they should avoid correcting guidelines

21
Q

State how a jurors are found

A

-An official from the crown court will arrange for names to be selected at random. This is through a computer selection.
-More than 12 jurors will be summoned since there are 2 courts and some may get disqualified

22
Q

What is Vetting

A

This involves checking whether the potential jurors are suitable or not

23
Q

What are the 2 types of vetting

A

-DBS(Disclosure and Barring service)
-Authorised Jury Checks

24
Q

when should vetting be done

A

-National security cases
-can only be carried out from the Attorney General’s express permission

25
Q

Describe the to array challenge

A

> This challenge occurs when the jurors sitting are unrepresentative and biased.

26
Q

Give an example case of the array challenge

A

-R v Ford
all the jurors were white however the defendant was not.

27
Q

Describe the to cause challenge

A

-this is when an individual juror should not be selected as a jury, this could be due to them being related or knowing the defendant

28
Q

what is the prosecution right to stand by Jurors

A

This is when the prosecution have the right to place juror at the end of the list of sitting as a juror. A reason does not have to be given.

29
Q

What is the role of a jury in criminal cases

A

-Go to the jury room where they will elect a foreperson
-Discuss In private
- Decide on the verdict, guilty or not guilty

30
Q

What is the majority verdict proportion

A

10-2 OR 11-1

31
Q

List down the alternatives of the use of a jury

A

-Trial by a single judge
-Trial by a panel of judges
-A judge sitting with lay assessors
-mini jury

32
Q

what are the weakness of being tried by a single judge

A

-They may be prosecution minded
-have little understanding of the defendants background
-individual prejudices may interfere

33
Q

what are the weaknesses of being tried by a panel of judges

A

-Prosecution minded
-elite background
-expensive

34
Q

what takes place in cases where a judge sits with lay assessors

A

-There are 2 lay people and a judge to make the decision
-The lay assessors are selected from the general population which provides less bias and legal expertise from the judge

35
Q

State the 5 advantages of using a jury

A

> Its democratic
>fair
>not case hardened/ not prosecution minded
>representative
>cheaper

36
Q

State the disadvantages of using a jury

A

> Lack of reasoning in some cases
>secret discussions may take place
>Some jurors may have a bias
>there may be media influence for a popular case
>selections based on whether they can vote is unrepresentative
> Problems with Jury equity

37
Q

Role of Jury in civil cases

A

-Go to the jury room where they will elect a foreperson
-Discuss In private
- Decide on liability
- Decide the scale on awarded damages

38
Q

Outline the civil cases heard by a jury

A
  • Fraud
  • False imprisonment
  • Defamation
  • Malicious prosecution
  • Personal injuries

Law (39 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions