The Courts

Cards (15)

  • confidence can we have in a court system that is largely in the hands of a jury without any legal training

    Reflects society:

    One big plus of the jury system is that it includes people from all different backgrounds and jobs. This mix of perspectives helps make sure that decisions in court consider a wide range of views, making things fairer.
  • Represents community values

    Jurors are like spokespeople for what the community thinks is right and fair. They use these common beliefs to decide cases, which makes sure that the court's decisions match what society thinks is just.
  • Keeps things fair

    Having a jury helps keep judges and lawyers in check. Jurors have the power to say someone is not guilty even if the evidence says otherwise. This keeps the legal system balanced and helps prevent any unfairness or misuse of power.
  • Not knowing enough

    Jurors usually aren't legal experts, so they might have trouble understanding complicated legal stuff like evidence rules or laws. This could make them make mistakes or not get the law properly.
  • Having biases
    Jurors might have their own opinions or prejudices that could affect how they decide a case, even if they don't mean to. Things like race, gender, or personal experiences might make them see the case unfairly.
  • Getting emotional

    Trials can be really emotional, especially when serious crimes or victims are involved. Jurors might let their feelings about the evidence or what witnesses say affect their judgment, making it harder for them to be fair.
  • Juries: A necessary compromise?

    Democratic Representation: Juries are essential in maintaining a fair and trustworthy legal system in a democratic society.

    They allow individuals accused of crimes to be judged by regular individuals, ensuring that the accused person is represented by a diverse group, such as a jury in a small theft case.
  • Public Participation

    Juries involve regular people in the legal system, making it more transparent and fair. This fosters trust in the justice system and encourages community involvement.

    For instance, in big trials involving famous individuals or controversial issues, having a jury allows everyday individuals to participate in deciding cases, ensuring fairness and justice.
  • Freedom from Professional Prejudice

    Jury members, unlike legal experts, are not biased due to their diverse backgrounds. This mix of backgrounds ensures fair decisions, especially in cases where bias may arise due to the type of crime or accused person. This prevents unfair prejudices from affecting the trial's outcome.
  • Not Enough Variety
    Some people say that juries don't represent all parts of society well, like different races or income levels. This can make their decisions not fair for groups who are often left out.

    For example, if a jury in a case about race doesn't have different kinds of people on it, their decision might not understand all the issues about race and discrimination.
  • Hard Cases Are Tough
    Sometimes, cases are really complicated, especially ones about money or tricky legal stuff. Juries, who aren't usually legal experts, might get confused by these cases and make mistakes.

    For example, in a trial about tricky money deals and laws, regular people on the jury might not get what's going on and make a wrong decision.
  • Might Be Biased
    Even though we try to pick fair jurors, they might still have personal feelings or be influenced by outside things. This could make them not decide fairly.

    For example, if someone on the jury has stereotypes about a group the accused belongs to, they might not decide based on the facts but on their own wrong ideas.
  • Jurisdiction and Types of Cases
    The Magistrates' Court handles minor crimes like theft, driving violations, assaults, and public disturbances, as well as family issues, child custody, protection orders, and licensing matters. Minor shoplifting cases can result in fines, community service, or a short jail term.

    The Crown Court deals with major criminal cases, such as murder, rape, robbery, and drug crimes. High-profile murder cases, like Levi Bellfield's trial, involve presenting a lot of evidence, expert witnesses, and complicated legal arguments.
  • Composition and Functioning
    MC are less formal courts made up of district judges. They use simpler procedures, with lay magistrates getting advice from a legally trained clerk. For example, in a case of public drunkenness, they would hear the evidence, consult with a legal adviser, then decide the sentence.

    CC a professional judge is in charge, and the most serious cases are decided by the jury. These court sessions are more formal and follow strict rules about evidence and procedures. The judge manages the trial, makes decisions on legal issues, and guides the jury to make a decision.
  • 3. Sentencing Powers
    The Magistrates' Court can only give short punishments. They usually give up to six months in jail for one crime or up to a year for more than one crime. They can also make you pay up to £5,000. If you don't like the decision, you can ask a higher court, the Crown Court, to review it.

    The Crown Court can give really long punishments like life in jail or big fines for serious crimes. If someone doesn't agree with the Crown Court's decision, they can ask the Court of Appeal to look at it again.