ipl-logo

Uk Advantages And Disadvantages Analysis

907 Words4 Pages

Unit 23 D1 – Law
The Advantages and Disadvantages of using Lay Magistrates and Juries in the English Courts
Lay Magistrates and Juries are found in the Crown and Magistrates Court throughout England and Wales. A Jury is made up of random members of the general public, and is always made up of 12 people. These 12 people sit and listen to the facts and evidence given to them by the barristers. The Jury decide the verdict but do not sentence the defendant. Lay Magistrates is made up of three judges who are volunteers. These three people have no legal qualifications but are trained beforehand. The Lay Magistrates listen to the facts and evidence in the case, and then they decide the verdict and also sentence the defendant. If the Magistrates think …show more content…

For example, as ordinary members of the community serve as Lay Magistrates it could mean that the defendant could prefer being judged by the local community rather than a judge. However, the local community could be biased towards the defendant if they know them and could also lack knowledge in the case. Also, since local people are used as Lay Magistrates, they would have more of a social awareness so they can judge what the defendant did better. Although, the Lay Magistrates could know who the defendant is or the defendant could know who the Lay Magistrates are. As the Lay Magistrates don’t have any knowledge of the law or a legal qualification they can make the decisions based on the facts and evidence, also making them become open minded about the case. However, they could make a wrong decision or could even not understand the case. Also, with being a Lay Magistrate, the person does it is voluntary and is unpaid. This allows the government to save a lot of money by not having to pay for legally qualified people to be a Lay Magistrate. However, with the point of not getting paid, it could be a lack of motivation for the person to be a Lay Magistrate as they could possibly have to take time off work to sit in a case. Lay Magistrates have been used since the 13th Century, meaning that it shows that the system is indeed efficient. However, it could also show that is it old-fashioned and outdated with the possibility a new system would be better for the modern crimes. Finally, with the Magistrates Court hearing around 97% of all criminal cases, it frees up quite a large amount of money for the government but also allows the pro-judges to deal with the very serious crimes in the Crown Court. Although, 97% is a very high number and with the Lay Magistrates not being legally qualified, it could mean that they could sometimes get the decision

Show More
Related
1757 Words | 8 Pages

Once the magistrate was satisfied that the evidence was capable of satisfying the jury, the accused was committed for trial or sentence to the Supreme Court. Cases committed to a higher court would then be determined by a judge as well as a jury. However, after Mr Lopez pleaded not guilty, he elected to be tried without a jury: section 132 Criminal Procedure Act 1986 The

Read More
833 Words | 4 Pages

The opinion piece, "Ban the bag before it's too late", published by The Daily Chronicle on 27 May 2008, contends to the Federal Government as well as the citizens of Australia to inform them that they need to ban plastic bags in Australia. Plastic bags contributes to environmental problems, the potential threats to wildlife and the fact that other nations have already been making progress to ban plastic bags shows that Australia has to make a change as well. The author sets their article in an authoritative tone towards all citizens of Australia to emphasise the negative effects of plastic bags. Furthermore, the image provided represented the plastic bags being disposed of and being dumped in the environment which is another example that contributes

Read More
515 Words | 3 Pages

Jurors should not know anything about a specific case and not follow public affairs and read the news (Doc F). When a person is selected to be part of a jury, they have to say an oath stating that they will not use their emotions to determine the verdict of a trial. If a juror is caught using their emotions, they will be fined for a crime called perjury. Since there are twelve people in a jury, there is a variation of opinions when the jury decides a verdict. But, a judge is more professional and knows how to only use the evidence provided and be less biased.

Read More
852 Words | 4 Pages

On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.

Read More
800 Words | 4 Pages

As was stated before it is widely known how dishonest politicians can be. If judges were to be appointed by an amoral governor the people could be left with a judge just as twisted. Many argue that the people are more aware of what goes on in daily life and how the law might affect the common people. But, many forget that our politicians reflect our choices. It makes sense that the leaders voters chose to represent them should be trusted to select our magistrates.

Read More
1254 Words | 6 Pages

1.0 Introduction Section 80 guarantees the right to trial by jury. The Queensland Jury Act 1995 provides the current legislation which decrees that all trials on indictment must be by jury. In the ninety years since this legislation was passed, an increase of trial complexity has occurred, leaving many jurors with the inability to comprehend the information and evidence procured in a trial. This proceeds to make lay juries ineffective and unreliable. To remedy the situation, specialised juries should be introduced to minimize the amount of incorrect verdicts, misunderstandings in court, jury misconduct, and avoidance of jury duty.

Read More
1285 Words | 6 Pages

Like the Electoral College, several of the plans made by the Founding Fathers have lost some of their practicality. What worked in the past does not always work in the future, and this is the case for the jury system. The sole reason it was created was to ensure that each citizen was guaranteed a fair trial, which was a main concern due to Britain’s monarchy. In modern times, however, the judicial branch of the United States could easily give every citizen a fair trial with only a judge presiding over the case. It is clear that bench trials are superior to trials by jury because the citizens on juries are unqualified or biased, its benefits do not outweigh its burdens, and its claim to encourage civic duty is false.

Read More
1138 Words | 5 Pages

The American jury system has been around for centuries but all of a sudden, people are trying to change it. Hundreds of years ago in England, the first of the jury systems were adopted. When there was a crime, the accused was brought before a judge and jury (B.E.). The jury, a group of twelve white men, from the area the crime was committed, heard the case and all of the evidence (B.E.). Those 12 men, decided whether or not the person being accused was guilty or not.

Read More
772 Words | 4 Pages

A man sits upon the stand as he hopes for the jury to plead him not guilty. The American Jury System has been in the United States Judicial Branch for over 385 years. The basis of a bench trial is that there is only a Judge that decides whether the accused is guilty or not guilty. Whereas on a jury trial the fate of the accused is proposed to the jury and they would decide whether he is guilty or not guilty. The jury trials provide fairness, it represents citizenship, and there is less of a bias than that of a bench trial.

Read More
946 Words | 4 Pages

Our jury system stretches all the way back in England hundreds of years ago. Whenever a crime was committed in a community, a judge and his or her jury would come together to put the accused on trial. The judge served more as the legal expert over the trial. However, the jury was made up of twelve men who lived in the area that the crime was committed. These ordinary citizens were the ones that decided the verdict of the case.

Read More
773 Words | 4 Pages

The jury may not be experienced enough and can make fatal mistakes. Not only are the jurors biased, they are inexperienced. As shown in cartoon 1, 2, and 3 (Document E), many of the jurors have no experiences with court and base their verdicts on factors other than what the lawyers are giving them. Examples such as the jurors being dogs, verdict based on appearance, and being distracted with other issues during the court trial. The juror is inexperienced and biased, while the judge is experienced with what is going around during a trial, and they have been trained to be able to see both sides of a story and decide on evidence and

Read More
810 Words | 4 Pages

"Jury System; a system in which the verdict in a legal case is decided by a jury on the basis of evidence submitted to it in court. " Starting at eighteen, you become eligible for jury duty – something many have to do as one of our civic duties, however, it wasn 't always this way. As far as historians know, the jury was established by William the Conqueror who brought it to England from Normandy. However, this system that he brought was nothing more than a system that had witnesses who knew of the matter in question to tell the court what they knew. It 's a known fact that our courts and laws have changed and evolved since when we first created them, otherwise lynching and stoning would still be acceptable punishments for varying crimes.

Read More
1139 Words | 5 Pages

No. 8: I think that the jury system we have today has its own advantages and disadvantages. For example, a jury that consists of jurors who are biased could be manipulated by ‘outsiders’ through bribery or some jurors, as we have discussed before, might have some personal prejudices/beliefs that may affect their decision making. But there are some advantages as well because the decision that is made by the jury is thought out very carefully by a group of people. Interviewer: [gathers all his papers]

Read More
1527 Words | 7 Pages

CHAPTER FIVE DISCUSSION OF FINDINGS The findings from the literature review indicate that there have a growing and significant influence of the new media, WhatsApp in this on languages in general, and Igbo Language in particular. This development coupled with the clash of culture which necessitated the dominance of emergent culture has stifled the development of Igbo Language in contemporary time. The extant literature also shows that something urgent need to be done in the social media to stem the growing tide of the destruction of Igbo Language. This section will analyse the research question close to view the reaction of the respondents to the question posed to them on this matter.

Read More
1472 Words | 6 Pages

This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,

Read More

More about Uk Advantages And Disadvantages Analysis

Related Topics

Open Document