Lay Magistates And Juries Flashcards
Magistrates (justice of the peace)
Magistrates are volunteers who hear cases in courts in their community
Juries
12 people picked at random to give a decision if the defendant is guilty or not guilty
Advantages of lay magistrates
-A wider range of people deal with cases, this would not be possible if magistrates had to be qualified
-Magistrates often have local knowledge of the area they are working in.
Disadvantages of lay magistrates
-Lack legal knowledge as they haven’t really studied law in much depth as judges would have
-Inconsistency in sentencing across the country
Advantages of juries
-Juries pool their common sense and arrive at a verdict having listened to all of the evidence
-fair
Disadvantages of juries
-Jury tampering - bribery/threats
-Radical views/bias as there is no right to a multi-racial jury.
-not qualified so don’t know much about the law
How does a magistrate get appointed
Have to go to an interview and the 12 LAC see if you have the 6 qualities
What qualifications do lay magistrates need?
None
Magistrates criminal role
They hear 97% of criminal cases
What do you need to be part of the jury
Citizenship and no criminal history
The role of the jury
To decide if the defendant is guilty or not guilty after hearing and seeing all of the evidence
How does a jury get appointed
At random you will get a letter telling you that you will be expected at court
How many people in a jury
12
How old do you have to be to be in the jury
18-75 picked at random