Explain and evaluate the role of the judiciary in achieving social control - AC 3.1 - 3.4 Flashcards
What is the judiciary made up of, and what do they uphold?
judges
Magistrates
Tribunal members
coroners
They all uphold the law
What is the judiciary’s role?
Their role is to ensure laws are properly implemented, does this by interpreting the law and then enforcing it
How many judges are in courts across the UK?
3000
What are the six principles in the Guide to Judicial Conduct (2016)?
Judicial independence - judges should be free from government interference, so they can uphold the rule of law
Impartiality - Not showing favour to one side or the other
Integrity - Being honest and with strong moral principles
Propriety - upholding society’s accepted standards of behaviour and morals
Ensuring equal treatment - everyone who comes before the courts
Competence - the knowledge and ability to do the work
What are the two oaths judges swear to?
The Oath of Allegiance - swear loyalty to monarch, heir and successors
The Judicial Oath - ‘do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will’
What percentage of judges are male?
68%
What percentage of judges are aged over 50?
over 50%
What percentage of judges were privately educated?
74%
What percentage of judges are BAME?
7%
What percentage of judges are women?
35%
Why is the difference in percentage of people as judges problematic?
Its not representative enough to society, mostly old white men - this could prove with more issues with bias and potentially harsher to those not like them.
What is a good case example for gender bias?
Judge James Pickle
How does Judge James Pickle demonstrate gender bias within the judiciary?
He’s proven to be more lenient and favourable to men, but harsher to women.
Example - sentences a single mother to 6months in prison for turning a blind eye to her MALE friend shoplifting
This is a clear bias to males - this links to undermining impartiality
What is a good case example for class bias?
Judge Ian Pingle and Lavinia Woodward
What are some factors that could be the reason why Lavinia Woodward was spared jail?
Her intelligence, class and ethnicity - prison will ruin her life and job prospects
She showed remorse and said she would go to rehab
She was a 1 time offender
How does Judge Ian Pingle demonstrate class bias within the judiciary?
Lavinia was from a rich family so she can easily afford help she needs to show more remorse - poorer people couldn’t access this
She is a student at Oxford Uni studying medicine so she would be of importance if she would get a job in that field so he ‘can’t’ ruin her chances.
What is the basic role of the judiciary?
To interpret and apply the law
What must the judge do in crown court?
Manage the trials
ensure fairness to all parties
explaining the legal issues and procedures to members of the jury
summing up the evidence
passing sentences if defendant is found guilty
What must the judge do in appeal courts?
Make rulings on the appeals that come before them from lower courts in the hierarchy
create precedents through the principle of judicial precedent - bind the future decisions of the lower courts
What does the unduly lenient sentences scheme allow?
Victims, prosecutors, members of the public can apply to the Attorney General or the Solicitor General for a sentence to be reviewed if they feel it was unduly lenient.
If the minister agrees with the error they will send it to the court of appeal where it can be increased if necessary.
How many cases were referred and increased in 2018 for leniency?
140 cases referred with 99 sentences being increased.
In general are judges being too lenient?
Compare the 2018 statistic for appeals of sentences and the thousands of cases being passed each year for serious offences it suggests that in general judges are not being unduly lenient in their sentencing
What are good examples of unduly leniency within the judiciary?
Joshua Gardner
Ian Paterson
How does the case of Joshua Gardner demonstrate unduly leniency within the judiciary?
He was filmed attacking a car with a zombie knife in broad daylight, attempting to stab the 19yr old driving
A judge sentenced him to 2 years on a suspended sentence, but the solicitor general argued that the sentence was too insufficient in the court of appeal and judges jailed Gardner for 3 1/2 years