Compare and Comment on the Selection of Magistrates and Juries
Christina Ware January 13th, 2003. Essay 5b) Compare and Comment on the Selection of Magistrates and Juries Approximately 1,500 new lay magistrates are appointed each year. The appointments are generally made by the Lord Chancellor on behalf of the Queen. The Lord Chancellor obtains advice and recommendations from ninety-four local selection committees. Lay Magistrates must live within fifteen miles of the court that they are assigned to so that they have local knowledge of the area. People in the community who want to become lay magistrates can also reply to advertisements or otherwise be selected after a recommendation because of their contribution to the local life. Local selection committees consider the gender, ethnic origin, occupation, and political views of local magistrates; one of their aims is to keep a balance of different people of the bench. On the other hand, juries are selected by a different method. Instead of being invited (as with magistrates) to become a juror, it is an obligation which members of the society must fulfil if chosen and qualified. At each Crown Court there is an official who is in charge of summonsing enough jurors to try the cases that will be heard. The official arranges names to be selected at random from the electoral register for the area that the court covers. This task is completed through a computer selection at a
Juries an essential bulwark against oppression or an inefficient anachronism?
JURIES AN ESSENTIAL BULWARK AGAINST OPPRESSION OR AN INEFFICIENT ANACHRONISM? Lord Devlin put at its highest in his book 'Trial by Jury':- "The first object of any tyrant in Whitehall would be to make Parliament utterly subservient to his will; and the next to overthrow or diminish trial by jury, for no tyrant could afford to leave a subject's freedom in the hands of 12 of his countrymen. So that trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives". But Professor Hogan of Leeds University, one of the leading academic experts on criminal law, put the opposite:- "In my view, trial by jury has long awaited its usefulness. We preserve it because it's a scared cow. It's been with us for so long and we're failing to look carefully into it, to see what it does, and to see whether there are rational grounds for defending it. If we'd never had trial by jury in this country and our practice had been to try cases by judges, rationally finding the facts and drawing inferences, and I were to come boldly along with the suggestion that this professional judgement should be replaced by an almost inscrutable verdict, by the first 12 men and women you meet in the street, I think any sensible person would believe that I'd gone out of my mind". Lord Devlin also said that the jury is "the lamp
Juries are also used in certain civil cases such as defamation, slander and false imprisonment.
Juries Juries are also used in certain civil cases such as defamation, slander and false imprisonment. When used in cases they have to decide weather the claimant has successfully proved his or her claim, they also decide the amount of money that is awarded in damages, this differs from the criminal court, where the only decision is whether the defendant is guilty or not. Jury are lay persons they are non-qualified in law. The jury system dates back to after the Norman Conquest in Britain and throughout centuries it has developed to become a fundamental part of the English legal system. The Magna-Charta recognised the persons rights to trial by the "Lawful judgement of his peers" this became a usual method of trying criminal cases the notable case of "Bushel 1670" established independent of the jury, in Bushels case where several of the juries refused to bring in a guilty verdict against Quakers who were charged with unlawful assembly they pleaded not guilty, the judge ordered to not accept the not guilty claim instead they were all fined and sent to prison they then appealed to the court of appeal "Court Of Common Pleas" they ordered to release the jury and said they can not be punished due to the verdict. Another case is "McKenna 1960" the judge said bring a verdict in ten minutes or they will be locked up all night and the jury came to the verdict of guilty they
The Selection and Role of Juries
Chapter 6 Juries Role of Jury The function of jurors is to decide on matters of fact. They are mainly found in criminal trials in Crown Court and their job Is to listen to the evidence presented to the court and to decided who did what so that they can announce a verdict. They must not be persuaded or led into a verdict by any unfair means within the court, but must be allowed to deliberate ‘in complete freedom’ – said in R V McKenna (1960) en quashing a verdict which was made when the jury had been told they would be detained overnight if they did not hurry up. The trial is presided over by a judge and functions split between the judge and jury. The judge decides on points of law and the jury decide the facts. The judge will sum up the case at the end to the jury and advise them on any law involved. The jury retire to a private rooand make the decision on guilty or innocence of the accused in secret. The judge must accept the jury verdict even if he/she does not agree with it. The jury do not give any reasons for their decisions. Juries in Criminal Cases Criminal indictable trials are heard in Crown Court to decide whether defendant is guilty or not guilty. Jury trials account for less than 1% of all criminal trials. A jury in the Crown Court has 12 members. Juries in Civil Cases Juries in civil cases are now only used in limited circumstances. They decided
Juries have no place in the modern court of law. Discus?Juries have been around for over 1000 years. The
Juries have no place in the modern court of law. Discus? Juries have been around for over 1000 years. The tradition is to be tried by your peers to get a fair and just verdict. A jury is a group of people that weigh up the evidence put forward by both the prosecution and the defence. They have to decide what the true facts are and what actually happened. They have to apply the law to the facts of the case and reach a verdict of guilty or not guilty. Once this has been decided by the 12 members of the jury the judge will then sentence the defendant accordingly. In civil cases the jury will decide how much compensation should be awarded in damages. Juries are used in both criminal and civil cases (in civil cases less than 1%).in criminal cases the jury will only operate in a minority of cases.95 % of cases are summary and because of this the cases are heard in the magistrates court were juries have no role. Juries hear cases in the crown court but in 5% of cases juries will not be needed and the judge will direct the jury, sometimes, telling them that the law demands that they acquit the defendant meaning again they make no decision in the case. % of criminal cases have no jury decisions but this 1% is about 30,000 trials which are usually the most serious that come before the courts. In civil cases the Supreme Court Act 1982 gives the right for a jury trial in these types
Discuss whether the use of juries should be abolished
Part B Essay- Discuss whether the use of juries should be abolished A jury is a body of 12 randomly selected people convened to render a verdict (finding of fact) on a legal question officially submitted to them, or to set a penalty or judgement in a jury trial of a court of law. The role of a jury is passive; they simply take notes and listen to evidence. They determine issues of fact- not law, and do not hear certain types of evidence such as 'hear say' evidence. They listen to the judge sum up and direct on legal issues and then go on to retire in private. In this time they have to discuss the case and decide whether they believe that the defendant is guilty or not guilty. If they have not reached a unanimous decision after 2 hours and 10 minutes, the judge will then accept a majority decision of 10-2. The jury have to be satisfied beyond all reasonable doubt in their decision. If the jury cannot reach a decision it is called a 'hung jury', and the defendant is then acquitted. There are many advantages of using juries. Jurors are independent of the executive and the judiciary; and with 12 people any bias is likely to be cancelled out. Many judges believe jurors usually return the right verdict, and there are also very few appeals from jury verdicts. The jury system is a traditional, efficient system with 800 years of success- so is there really any need to change it?
The duties of Magestrates and Juries.
Part A) Magistrates have a large range of duties, but they are mainly connected to criminal cases, totaling more than two million cases a year. However, Lay Magistrates deal with some civil cases; these tend to be family cases. Out of all criminal cases, 97% of them are dealt with by Lay Magistrates and in the other 3%, Lay Magistrates will hear the preliminary hearings, such as Early Administrative Hearings, and some Committal proceedings. To hear family cases including protection orders such as the protection against violence there is a special panel of Magistrates. Lay Magistrates will also decide bail after a suspected offender has been arrested and charged. The defendant may be released on bail by the police, but it is otherwise the magistrates' duty to decide whether he should be bailed or remanded in custody pending trial. In a summary trial the magistrates are the sole judges of fact and law (though they may seek the Clerk's advice on matters of law), and must determine an appropriate sentence in the event of a conviction. Lay Magistrates may also enforce debts owed to utilities such as electric, gas or water companies, and will deal with the non-payment of council tax or television licenses. The power to grant licenses on the sale of alchahol and gambling or betting is given to Lay Magistrates. Lay Justices form a panel with a qualified judge to hear appeals in
'Are Mothers Necessary?'
'Are Mothers Necessary?' Attachment as described by psychologists Kennell 'is an emotional bond between two individuals that endures trough space and time, and serves to join them emotionally'. A bond that develops between child and caregiver provides the child with emotionally security. The question 'are mothers necessary?' has been a much-discussed debate. In order to answer either for or against the necessities of mother, many theories attempt to explain attachment. Familiar people who have responded to the child's needs for physical care and stimulation are the child's attachment figures. Infants form attachments with their primary care givers, usually the mother. Biological views on how attachment bonds begin are, as a response to needs. The arousal relaxation cycle meet these needs. Firstly, the need for food causes' discomfort, the response to that need by the primary care giver leads to satisfaction and subsequently quiescence and then eventual the need will be present again. After eighteen weeks the need of a baby is no longer just food, it is now tactile verbal comfort. Interlocution between mother and baby now occurs. The arousal relaxation cycle leads to trust, security and ultimately attachment. The verbal comfort will lead to self worth, self-esteem that is just one of the many benefits of attachment. Other benefits of attachment are; it helps the child to
Explain why it has been proposed to restrict the use of juries in criminal cases.
Law Exam Question Explain why it has been proposed to restrict the use of juries in criminal cases. The law on juries is found in the Juries Act 1974, little bits of various other statutes and cases decided by the courts. The function of the jury is to decide on matters of fact. They are mainly found in criminal trial in the Crown Court and their job is to listen to the evidence presented to the court and to decide who did what. The judge sums up the evidence at the end of the trial and explains what they have to decide. For example in an alleged assault, the judge might have to explain to the jury that they have to decide whether the defendant intended to hit the victim or whether the defendant was reckless as to whether the defendant would be stuck and that, in either case, their verdict should be guilty; whereas if they believed that the defendant was simply negligence in what she or he did, the defendant would be not guilty. This involves the jury in a difficult decision about what was in the defendant's mind at the time of the incident. They will have hears and seen witness and have to decide what they believe. Usually, the jury's verdict must be unanimous but if they have been deliberating for over two hours a judge may accept a verdict of ten or eleven of them. This is a Majority Verdict. If a juror has a question he or she must write it on a piece of paper and
Are Newspapers necessary today?
Are newspapers necessary nowadays? Newspapers have been a very important aspect of our lives for hundreds of years and the only window for people to the news around the world for quite some time. From the origin of printed press in Italy, to the first newspaper in Britain discovered by Mr. George Chalmers in 1558 reporting on the Spanish armada, to the New York Times and the Wall Street Journal in the 1920's writing on latest reports on the Wall Street crash to the news around the world relating the incident of 9/11, newspapers have certainly been an integral part of our daily existence. But with the new era of 21st century, where other dominant media such as internet, television, and radio to a certain extent, have almost taken over our entire lives completely, have the good old newspapers lost their relevance over the years? Are newspapers necessary in today's era? Well, in my opinion newspapers are certainly necessary in today's world and are not overturned by the emerging media and here's why? Take for example, your own daily lives. Most people all around the world begin their day with none other than reading the newspaper and understanding about the events and happenings in their respective country and around the world. Whether it is in the toilet or on the breakfast table everyone is attached to the newspaper in the morning. Our dependency of newspapers is clearly
