Topic 8: Role And Effectiveness Of Judiciary Flashcards
What are the 2 main categories of judges in the judiciary?
Superior and inferior judges
What are the key responsibilities of a judge in a crown court criminal case?
In a crown court case, the Judge is responsible for making decisions about the law, including ensuring that the case is human rights compliant. Furthermore the judge explains procedure and legal issues to a jury and at the end of each case they will sum up evidence for the jury, finally the judge will pass a verdict
How do magistrate differ from judges in their decision making process?
The magistrates has a bench of 3 who decide the outcome of the case whereas a judge sums up evidence for the jury to decide the outcome
What role do judges in appeal courts play in the justice system?
In an appeal court, Judges real on appeals, interpreting law if it is unclear and setting precedent and legal rules for other courts to follow
What are the 2 oaths judges take when they are sworn in?
- Oath of allegiance
- Judicial oath
Why is judicial independence considered essential in the justice system?
Judicial independence means decisions are made based solely on law, evidence and facts so is essential for a fair, consistent and neutral administration of justice
How is judiciary protected from political influence?
The judiciary is protected from political influence since judges can’t be dismissed and have fixed salaries
How are judicial salaries decided
Judiciary salaries are decided following the recommendation of Senior Salaries Review Body
Why might some lawyers be discouraged from applying to be judges?
Lawyers may be discouraged from applying to become judges since lawyers earn more money
How is judicial funding provided and who ultimately decides judges salaries?
Judges are funded by the Government via taxation. The PM, Lord chancellor and Secretary of State for defence ultimately decide salaries
What are the evaluation points of the judicial system?
- case backlog
- lack of effectiveness (unduly lenient sentences)
- media quick to report cases
Evaluate the backlog of cases as a limitation of the judicial system
P: a limitation of the judicial system is that the backlog of cases has reached record highs
E: for example, due to Covid and 2022 barrister strikes the backlog of cases has grown reaching a record high of just under 65,000 cases. 28% waiting a year for a trial and 10% waiting over 2 years
E: this is a limitation since there is a delay in justice or even no justice at all since offenders could walk free
Evaluate the lack of effectiveness in the judicial system regarding unduly lenient sentences
P: a limitation of the judicial system is that there may be a lack of effectiveness
E: for example, number of appeals alleging an unduly lenient sentence have increased by 17%, of which 41 were associated with sex offences, 16 with robbery and 19 GBH cases
E: this is a limitation since it suggests that the judiciary may lack effectiveness in delivering justice since cases don’t seem to be just
Evaluate the media as a limitation of the judicial system
P: a limitation of the judicial system is that the judiciary are ineffective in achieving social control. For example, judges are portrayed as being out of touch with society at various times, such as Paul Gascoine, where the judge didn’t know who he was when referring to his anti social drinking behaviour. Furthermore headlines were made “Judge who spared Aspiring Oxford student from jail after she stabbed her partner is cleared following investigation”
E: this is a limitation because it suggests that there is bias to elite students and that judges are out of touch with society so can’t achieve Social control
