Criminal Courts and Lay People

Question 1

What are lay people?

Answer 1

• the use of ordinary, non-qualified people in the legal system. It is believed that by using ordinary people in courts it makes the system fairer and avoids people criticising the court for making decisions behind closed doors.

Question 2

Where is the majority of pety crime heard?

Answer 2

• In the magistrates

Question 3

State some reasons of Jury disqualifications and excusals

Answer 3

• those with mental heath disorders
  -those sentenced in the last ten years
  -lack of capacity
  -members of amend forces possibly excused (may have learning difficulties)
  -discretionary excusal (looked after or caring for someone)
  -permanent disqualifications - long prison sentences

Question 4

Name advantages - Jury in Crown Court

Answer 4

• public confidence
• open system of justice is a keystone of democratic society.
  -less mystery - members of the public are given an understanding the law

Question 5

Name disadvantages - Jury in Crown Court

Answer 5

-racial bias (stereotypes) - the case Sandler v UK or anti police bias.
-Jury nobbling - when an individual offers them money or threaten them in order to make them do something - pay a jury off.
- the media - can influence the jury’s view on a case which can effect the outcome

Question 6

Reasons for choosing trial by jury

Answer 6

• over 60% of “not guilty” pleas are acquitted by juries. In over half of these cases the prosecution offers no evidence (either they drop the case or witnesses fail to turn up) and the judge will discharge the case - jury not involved.
• D is more likely to get legal aid at the crown court
• a lawyer in the crown court i likely to be more experienced at presenting cases - certificate of advocacy.

Question 8

Describe a trial by a Jury.

Answer 8

Trial by jury is an ancient and democratic institution within the legal system, which provides an opportunity for the lay person to participate in the administration of justice.