Lecture 5 Courts And Juries Flashcards
What is an adversarial system?
More of a United States system where Two lawyers represent their parties before a judge or jury. Whoever convinces the judge/jury most effectively is considered the winner. So basically the court is an impartial referee between the prosecution and defence
What two types of trials are there?
Adversarial system
Inquisitorial system
What rules need to be followed within an adversarial system?
Judge does not actively steer the questioning
All evidence must be relevant and presented orally as opposed to a written submission
Criminal defendant is not required to testify
What is an inquisitorial system?
The court is actively involved in investigating the facts of the case
More of a European system
The judge can be involved from an early stage
Those knowledgeable about the events provide information to the court.
Judge steers the legal process including questioning of witnesses
Criminal is first to testify
What is the difference between the UK adversarial system and the USA one?
In the UK:
Lawyers are confined and not free to walk airing the court room
Objections from lawyers are not dealt with in the presence of a jury
Judges are more active in the flow of evidence
Statement from the defence is given after the other side has presented their case
Theory’s of persuasion suggests what two methods are used in processing information?
Central route
Peripheral route
How is evidence presented in court?
Can’t just present any evidence
How, what, where and when evidence maybe provided
Restrictions on information about previous offences
Prosecution gives it’s case first, followed by the defence evidence
What are some lawyer tactics?
Abstract language used on child witnesses
Plea bargaining
Using defendant as a witness
Pros of a defendant taking a witness stand
If they don’t are more likely to be portrayed in a negative light
When was the first juvenile court established?
1899
What are the main focuses of juvenile courts?
Rehabilitation
Less punitive
Juveniles are considered less responsible due to age
What could cause juvenile offending?
Family
Problem in school
Gang membership
Community
Mental illness
Individual factors
What are the roles of forensic psychologists in juvenile courts?
Providing treatment
Competency evaluations
Insanity evaluations
Risk assessment
What are the myths of school shootings?
They are increasing
all shooters are the same
Shooters are loners
Shooters are motivated by revenge
They engage in unusual hobbies
Have easy access to weapons
What are the early prevention efforts used in schools to prevent shootings?
Zero tolerance policies
Identifying warning signs
Profiling shooters
What types if jury are there?
Lay person jury
Escabinato jury
How many people in a lay person jury?
12 people
Who is in a escabinato jury?
Lay people and legal experts
Who is jury research done?
Using:
Simulation of trials and mock juries
Shadow juries
How are people picked for jury duty?
Selected at random from a electoral role
Have to be ages between 18-70
No one who has been in prison for more than 5 years
What percentage of people don’t show up to jury service?
50%
What is voir dire?
Means speak the truth in French
Is a hearing to determine the competency of a witness or juror
Is the stage at the be going of a trial where judges and lawyers seek to identify bias or prejudice among potential jurors
Not practiced in the UK
What factors have been found to influence jurors?
Pre-trial publicity
In admissible evidence
Defendants attractiveness
Defendants socio economic status
How many have to vote in a jury when deciding guilty or non guilty charges?
10 out of 12 majority
What alternatives are there to a jury?
A single magistrate or judge which is used in less sever cases
Expert witnesses?
Allowed to express an opinion
Cannot offer evidence outside of their expertise
How does an expert witness get selected?
Knowledge in a specific area
Communicative ability
Local reputation
Academic writings
National reputation
What problems do expert witness in counter?
Capacity of jury to understand
Reducing complex matters to fixed characteristics of the individual
