Criminal courts and Lay people Flashcards
What are the advantages of using juries in the criminal justice system?
- Community Participation: Juries embody democratic principles by involving citizens directly in the legal process, ensuring that verdicts reflect societal values.
- Diverse Perspectives: A jury comprises individuals from various backgrounds, which can lead to more balanced and nuanced decision-making.
- Transparency and Fairness: Public trials with jury involvement enhance the transparency of the judicial process, promoting trust in the legal system.
What are the disadvantages of using juries in the criminal justice system?
- Lack of Legal Expertise: Jurors may struggle with complex legal arguments and technical evidence, potentially affecting the trial’s fairness.
- Potential Biases: Despite efforts to screen jurors, personal biases can influence verdicts, challenging the impartiality of the trial.
- Trial Duration and Costs: Jury trials can be longer and more expensive than bench trials, placing additional burdens on the judicial system.
What are the sentencing options available after a conviction?
- Custodial Sentences: Imprisonment for a specified period or life, used for serious offences.
- Community Orders: Non-custodial sentences requiring offenders to complete specified activities or adhere to restrictions.
- Fines: Monetary penalties, often used for less severe offences.
- Discharges: Conditional or absolute discharges, allowing offenders to avoid further punishment under certain conditions.
What is the role of Magistrates’ Courts in sentencing?
Magistrates’ Courts handle less serious offences and have limited sentencing powers, typically imposing fines, community orders, or short-term imprisonment (up to 6 months).
What is the role of Crown Courts in sentencing?
Crown Courts handle more serious offences and have unlimited sentencing powers, allowing for longer custodial sentences, life imprisonment, and other significant penalties.
What are the pre-trial procedures for summary offences?
- First Appearance: The defendant appears before the Magistrates’ Court, where the charges are read, and the defendant’s plea is recorded.
- Bail Consideration: The court decides whether to grant bail or remand the defendant in custody.
- Trial Preparation: If the plea is not guilty, the court schedules a trial date.
What are the pre-trial procedures for triable either-way offences?
- Plea Before Venue: The defendant is asked to plead guilty or not guilty.
- Allocation Hearing: The court determines the appropriate venue for the trial.
- Defendant’s Election: The defendant has the right to elect trial by jury in the Crown Court or opt for trial in the Magistrates’ Court.
What are the pre-trial procedures for indictable offences?
- Initial Hearing: The defendant appears in the Magistrates’ Court, where the charges are read, and the plea is recorded.
- Sending to Crown Court: The case is sent to the Crown Court for trial.
- Case Management: The Crown Court schedules pre-trial hearings to manage case preparation.
