Unit 23 Law Pass 4 Pass 5 Merit 1 And D

Decent Essays
James Jones
Unit 23- pass 4, pass 5, merit 1, distinction 1
Martyn McCarthy
Pass 4- Describe the role of lay people in criminal cases and Distinction 1- Evaluate the effectiveness of lay people in the English courts
Lay magistrates
All magistrates begin their magisterial career in the adult court where they deal with crimes which can have the most widespread impact on communities; for example, anti-social behaviour and alcohol-related incidents. Magistrates’ courts are also the first stage in dealing with more serious crimes such as rape and murder, which are then referred on to the Crown Court.
As they gain experience, some magistrates go on to deal with cases involving defendants aged between 10 and 18 in the youth court.
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Disadvantages of the jury
Failure to understand the issues involved.
Prejudice as juniors may be biased, e.g. against police or ethnic minority defendants.
The compulsory nature of jury service is unpopular.
There is no way of knowing if the jury understands the case, as there is no reason given as to why they gave a certain verdict.
In some cases the jury has had to be provided with police protection.
It take a long time explain the points to the jury and the leads to a rise in costs.
I do not believe that the way the jury is selected and the way it operates is the correct way to do it. I believe this due to the fact that not much is known about the people who are selected and that they have no experience in Law. This means that they might not understand the case and they could even be a bit biased.
Pass 5- Outline the role of judges and lawyers in civil and criminal cases and Merit 1- compare and contrast the role and function of judges, lawyers and lay people within the English courts.
Lay magistrates are people that deal with the vast majority of legal cases in the courts. They sit on a bench of two to three magistrates. They are part-time and unpaid, and also unqualified. They have to be aged between 18- 65 and sit 26 and a half days per year. You are unable to become a lay magistrate if you have a serious criminal conviction, undischarged bankruptcy and a member of the police or a
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