The criminal courts and lay people- lay magistrates, juries and evaluation Flashcards
What are some suggestions for the reforms to the jury service?
-training
-less jurors
-reasons for verdict
What are some advantages of jury service?
- ordinary members of public involved so conscious decisions rather than law (no pressure by judge- bushells case)
- representative
- no external influence.
What are some disadvantages of jury service?
- no reason for decision- difficult to appeal
- no training
- do they understand law- did they come to decision for right reason?
Function of a jury?
-assist by considering evidence and deciding guilt/ vs no guilt
-1% of cases
What is a unanimous verdict?
-must aim for everyone to agree
-CJA 1967- majority decision allowed.
-counteract tampering/ retrials
What is a majority verdict?
-if jury has been deliberating for 2/more hours.
-prevent tampering of bribe/threat
-if jury below 9 start again.
10-2 , 11-1
What is a lay magistrate?
-jPS’s
-12,000
-work in bench of 3- 2 wingers + chairman.
-97% crim
-deal with administrative matters
What do lay magistrates do in criminal courts?
-decide bail
-hear summary+either way
-mode of trial hearings
-extend detention period
What do lay magistrates do in youth court?
-addit training for youth court panel
-one man, one woman, all u65.
What do lay magistrates do in appeals?
-crown court to hear mags appeals w/judge
What do lay magistrates do in terms of legal advisers/
-assisted by a clerk (legal adviser)- advise on practice and procedure- not decision.
-S/B for 5 years to qualify.