criminal courts and lay people Flashcards
describe the work of lay magistrates in the criminal justice process
- sit as a panel of 3, trial, warrants and custody extension
- summary - hear evidence and decide outcome
- triable either way - deal with plea before hearing
- indictable - hold early hearing before crown court
- youth - nominated/trained, must have 1 man & woman
- appeals - sit in crown and hear magistrate appeals
describe selection process for members of a jury
- decided by senior presiding judge
- recommendations from local advisory committees
- fill in application form and have a two-stage interview
1. find info on personal attributes
2. test potential judicial aptitude
outline the aims of sentencing
1. punishment - ‘eye for an eye’, sentencing & tariff sentences
2. reduction - individual deterrence (offender doesn’t reoffend) and general deterrence (prevent other potential offenders)
3. rehabilitation - alter behaviour (individualised sentences)
4. public protection - LASPO, custodial, mandatory life, community sentences, extended determinate sentece
5. reparations - compensating victim, restorative justice
describe how magistrates/judges decide sentence for offender
- pre-sentence reports - background info
- medical reports - suitable way of dealing with offender
- guidelines - follow these for consistency
- aggravating factors - increase sentence (repeat, bail, hostility, pleading not guilty
- mitigating factors - reduce sentence (no previous, remorse, minor part, disability, pleading guilty
- guilty plea - first opportunity (1/3), after trial set (1/4) and trial begun (1/10)
assess value of lay persons in criminal justice process
lay magistrates:
* advantages - trained, few appeals and local knowledge
* disadvantages - prosecution bias, reliance on advisor, unrepresentative
juries:
* advantages - public confidence, jury equity, representative
* disadvantages - lack of confidence, perverse decisions, unrepresentative
