The criminal courts and lay people- lay magistrates, juries and evaluation Flashcards

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1
Q

What are some suggestions for the reforms to the jury service?

A

-training
-less jurors
-reasons for verdict

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2
Q

What are some advantages of jury service?

A
  1. ordinary members of public involved so conscious decisions rather than law (no pressure by judge- bushells case)
  2. representative
  3. no external influence.
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3
Q

What are some disadvantages of jury service?

A
  1. no reason for decision- difficult to appeal
  2. no training
  3. do they understand law- did they come to decision for right reason?
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4
Q

Function of a jury?

A

-assist by considering evidence and deciding guilt/ vs no guilt

-1% of cases

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5
Q

What is a unanimous verdict?

A

-must aim for everyone to agree
-CJA 1967- majority decision allowed.
-counteract tampering/ retrials

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6
Q

What is a majority verdict?

A

-if jury has been deliberating for 2/more hours.
-prevent tampering of bribe/threat
-if jury below 9 start again.

10-2 , 11-1

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7
Q

What is a lay magistrate?

A

-jPS’s
-12,000
-work in bench of 3- 2 wingers + chairman.
-97% crim
-deal with administrative matters

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8
Q

What do lay magistrates do in criminal courts?

A

-decide bail
-hear summary+either way
-mode of trial hearings
-extend detention period

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9
Q

What do lay magistrates do in youth court?

A

-addit training for youth court panel
-one man, one woman, all u65.

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10
Q

What do lay magistrates do in appeals?

A

-crown court to hear mags appeals w/judge

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11
Q

What do lay magistrates do in terms of legal advisers/

A

-assisted by a clerk (legal adviser)- advise on practice and procedure- not decision.
-S/B for 5 years to qualify.

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