sentencing and magistrates in criminal courts A03

Question 1

Name the 4 advantages of using magistrates in criminal trials

Answer 1

Cost, legal advisor, few appeals, local knowledge

Question 2

Names the 5 disadvantages of using magistrates in criminal trials

Answer 2

middle aged-middle classed, inconsistency in sentencing, heavy reliance on legal clerk, prosecution bias, case hardened

Question 3

Explain the advantage of cost of using magistrates in criminal trials

Answer 3

Unpaid magistrates are cheap, they are cheaper than going to the crown court, estimated to cost £100 million to replace magistrates with judges

Question 4

Explain the advantage of legal advisor of magistrates in criminal trials

Answer 4

Magistrates bring a legal advisor which can give any legal advice. They can help with any technical issues, they bring a high level of legal skill and professionalism

Question 5

Explain the advantage of few appeals of using magistrates in criminal trials

Answer 5

Many of the appeals made are against the sentence rather than the guilt, half of 11,000 appeals are successful, shows they are getting it right

Question 6

Explain the advantage of local knowledge of magistrates in criminal trials

Answer 6

The magistrates are found within the local area, they know about issues in the surrounding area, they are more aware of local events

Question 7

Explain the disadvantage of middle aged-middle classed of using magistrates in criminal courts

Answer 7

Magistrates tend to be over 50 and from a career, they have a lack of understanding and awareness of others, Few people to represent other sections of society

Question 8

Explain the disadvantage of inconsistency of using magistrates in criminal trials

Answer 8

More likely to be communial sentencing in the north, shows they don’t read the guidelines

Question 9

Explain the disadvantage of heavy reliance on the legal clerk of using magistrates in criminal courts

Answer 9

magistrates are not highly trained. They rely on the clerk to explain points of law, clerk should have no impact on the verdict of the case

Question 10

Explain the disadvantage of prosecution bias of using magistrates in criminal courts

Answer 10

They are more likely to believe the police, false convictions, wrong case decisions made

Question 11

Explain the disadvantage of case hardened of using magistrates in criminal courts

Answer 11

Magistrates see similar cases day in and day out. This means they become ignorant and used to outlandish facts. They have no empathy for the either the victim or the defendant