Courts and the trial process Flashcards
What are the 2 key types of CJS and their key features?
Adversarial - Common law. Led by prosecution lawyers and defence lawyers. Evidence is tested in court and jury decides verdict.
Inquisitorial- Search for the truth. Built around a dossier. Judge makes final decision
What are the limitations of adversarial CJS?
Jury/Judge do not have to explain their reasons for their decision which makes appeals difficult.
More of a game between accused vs accuser
What are the limitations of Inquisitorial CJS?
Important information mat not get included in the dossier and will never be known
Describe paperless courts
Court rooms were fully digital by 2016.
First paperless court was held in 2013 in Birmingham
What are the 6 types of courts?
1) Magistrates
2) County courts
3) Crown Court
4) High Court
5) Court of Appeal
6) Supreme Court
What is the maximum sentence given by Magistrates courts?
Up to 6 months or a maximum of 12 months for more than 1 offence.
Fines up to £5000
Community sentence
Can also combine punishments
What is the maximum sentence given by county courts?
Community sentences
prison sentences incl. life sentences
What are problem solving courts?
Put judges at the centre of rehabilitation.
Work on a particular issue/group/crime (specialised)
What are examples of evidence supporting problem solving courts?
Adult drug courts reduce substance misuse and re-offending
Family treatment courts and family drug/alcohol courts are good
Mental health courts have good evidence of success
Domestic violence courts have good outcomes for victims such as victim safety and satisfaction
What are examples of evidence not supporting problem solving courts?
Evidence on juvenile drug courts is negative
Not enough evidence to assess success on u18’s/female offenders. However, seems a promising approach
What are the arguments supporting trial by jury?
A judge alone shouldn’t make decisions, a flawed jury is better than an alternative
Jury = moral judgement and are a part of society. Judge = legal judgement
Mock jury will help teach individuals learn responsibilities with jury service
Allows for public participation
Hung juries are very rare (less than 1% of all verdicts)
Research found all-white juries do not discriminate against BAME offenders
What are the arguments against trial by jury?
Can’t help in complex cases. e.g. fraud as they often do not understand.
Jury could be influenced by a strong personality e.g. minority influence
Juries = unrepresentative
Juries are often unknowledgeable about the law
What are the 7 sentencing processes?
1) Crime occurs and gets reported
2) Police investigate, arrest suspect and interview
3) CPS decides to prosecute
4) Suspect is charged
5) Defendant enters plea in court
6) Found guilty
7) Sentenced
