855551
The Advantages & Disadvantages of
Using Lay People in Criminal Courts
- Advantages of Magistrates
- Cost
- Magistrates are Unpaid
(Apart From Their Expenses)
- Saves £100m Approx. Annually
- Magistrates are Unpaid
(Apart From Their Expenses)
- Local Knowledge
- Local Knowledge is Invaluable in Understanding
Where Offences Took Palace
- In Crown Court Time Would Be Spent
Explaining Locations
- In Crown Court Time Would Be Spent
Explaining Locations
- Local Problems Can Be Taken Into
Account When Sentencing
- Local Knowledge is Invaluable in Understanding
Where Offences Took Palace
- Availability of Judges
- Not Enough Judges for Every Trial
- Not Enough Judges for Every Trial
- Can Deal With The Issues That Arise
- Capable to Decide Whether or not Behaviour is
Reasonable in all the Circumstances
- Capable to Decide Whether or not Behaviour is
Reasonable in all the Circumstances
- Public Confidence
- Cost
- Disadvantages of Magistrates
- Not Representative of Society
- Mostly White, Middle Class, Professional & Wealthy
- Usually Middle Aged
- 5% of Magistrates Under 40
- 5% of Magistrates Under 40
- Mostly White, Middle Class, Professional & Wealthy
- Inconsistent in Sentencing
- Case- Hardened & Biased
- Will Hear Similar Cases &
Give the Same Sentence
- Bias in Favour of Police Evidence
- Bingham Justices ex p Jowitt (1974)
- Bingham Justices ex p Jowitt (1974)
- Will Hear Similar Cases &
Give the Same Sentence
- Reliant on Legal Advisor
- Not Representative of Society
- Advantages of The Jury
- Sometimes Provide a
Perverse Vedict
- Public’s Opinion
- Public’s Opinion
- Racially Balanced
- Public Participation in Criminal
Justice System
- Balance Against State Interference in
Criminal Trials
- Balance Against the Power of Government
- Balance Against the Power of Government
- Sometimes Provide a
Perverse Vedict
- Disadvantages of The Jury
- Do Not Have to Give Reasoned Verdicts
- Jurors Can Just Follow Other
Members of The Jury's Decisions
- Jurors Can Just Follow Other
Members of The Jury's Decisions
- Not Truly Representative of The Public
- Certain Members of The Public
Excluded From Jury Service
- Certain Members of The Public
Excluded From Jury Service
- Lack of Ability
- Lack of Legal Knowledge
- Evidence Presented in a Simplified Way-
Jurors Question Truthfulness of Evidence
- Lack of Legal Knowledge
- Effect that Jury Service has on Jurors
- Can be Distressing
- Can be Distressing
- Do Not Have to Give Reasoned Verdicts
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