A jury consists of twelve persons when it comes to serious felonies and six members when it is only a misdemeanor. The reason why the judge gave them the facts on the law was to help them deliberate after the case was over to establish whether the accused person was guilty or not. The judge was referred as to your honor by the counsel, the accused and the prosecution. Additionally, there was the judge’s associate whose duty was to swear in the jury, keep the trial exhibits during the court proceedings and record the court verdict at the end of each trial. There was also the judge’s tipstaff whose work was to announce that the court was in session as well as swear in witnesses.
Lay magistrates also deal with commitals, magistrates can commit a defendant charged with a triable either way offence for the sentence to the Crown Court at the end of the case having heard the defendants past record, they feel that their powers of punishment are insufficent. Lay magistrates have a fairly wide discretion as to the sentence they select in each case although they are subject to certain restrictions. Magistrates can only impose a maximum sentence of six months imprisonment for one offence, the Criminal Justice Act 2003 allows this to be increased to twelve months, and a maximum fine of £5000. In theory lay magistrates are volunte... ... middle of paper ... ...rning law. In view of the above I would say that Lay magistrates are adequately trained for their work.
This is perhaps the most intricate procedure. Considering that it is very difficult to assess what every individual sitting on a jury is thinking. Although, there is a requirement for jury trials in criminal trials, noncriminal proceedings do not require jury trials (Worrall, 2015). Two of the noncriminal type are juvenile delinquency hearings and civil commitment hearings which are part of the criminal process (Worrall, 2015). Contrary to the noncriminal hearings the Supreme Court created the petty crime exception to the Sixth Amendment right, which requires that the crime must hold a six month sentence or more to be considered for jury trial (Worrall, 2015).
The System Of Trial By Jury Operates A jury system consists of seven to twelve people, depending on the case and the court appearing in. Twelve jurors are used in Crown Court criminal cases for indictable offences. The Queens Bench Division of High Court where the cases involved are civil cases also have twelve jurors. These are cases involving libel and slander, fraud, malicious prosecution and false imprisonment. In civil cases at a County Court, eight jurors are present, although this is rare.
The jewel of the British legal system is supposed to be the jury - twelve fair-minded people standing between the might of government and an accused individual. Their power of a verdict according to conscience is enshrined as a bulwark against oppressive measures of the state. Lord Devlin may be deemed to be somewhat misty-eyed in his confidence in the "twelve good men". Since the 1970s, faith in the jury system has gradually dissolved. Successive governments have sought to restrict the use of jur... ... middle of paper ... ...y for cases considered to be complex.
The Jury System Matthew Gordon 28th May 2014 Mrs Ramsay Year 11 Legal Studies 1.0 Introduction The jury system is made up of 12 ordinary citizens aged between 18-70 years old. These ordinary citizens come from all walks of life and may not have any background knowledge of the legal system. These ordinary people are an integral part of our legal system. The jurors role is to hear all aspects of evidence that the barristers of the accused and the crown present during court and at the end of the case the 12 jurors decide whether the defendant is guilty or not. In civil cases they decide if the defendant is fault.
The Composition and Role of the Jury The jury has been a feature in criminal trials in England for hundreds of years. It is a civic duty that consists of 12 people aged 18 to 70 who are chosen at random from the electoral register (Before 1972 property qualifications were required in order to be eligible for the jury). Mentally Disordered or any person with a recent or serious conviction is disqualified from jury service along with anyone who has ever been sentenced for 5 years imprisonment or more and anyone who has completed a shorter sentence within the last ten years or community service within the last 5. Also anyone who has any connection with the victim, the defendant or any of the witnesses is unable to serve. If jurors don't attend they may face a possibility of punishment for contempt of court.
This "cleaner" way is death by lethal injection, which is quick and painless if administered right (Cole 450). Since capital punishment has been reinstituted many people have argued for and against capital punishment. Some say the death penalty is what the criminal deserves while others object to it because death is irreversible. I feel the death penalty is a good form of justice because only about 250 people a year get the death penalty and they are guilty beyond a doubt and don't deserve living with the possibility of parole. The sentencing judge or jury are ordered by the Supreme Court to look for "specific aggravating and mitigating factors in deciding which convicted murderers should be sentenced to death" (Cole 451).
Those which are eligible: ·Must be on electro roll ·Must be at least eighteen ·Must have lived in UK for five years Those on the roll and aged between sixty five and seventy have a choice to serve or not. Those aged over seventy do not qualify and some may be excused due to jobs or personal circumstances this group includes the judiciary workers (Barristers, Solicitors, Clerks), those involved in administration of justice (Police, Army, Solicitors, CPS and Sectaries involved with administration of justice), those who suffer from mental health, those on bail and anyone who has been in prison or received suspended prison sentence within the last ten years.
They also have bail hearings, issue warrants and commit indictable offences, such as GBH to the Crown court. All criminal offences begin in the magistrates court, 97% of all cases are tried in this court. This shows that most offences in the country are petty crimes. The magistrates court has the power to give 12 month sentence and a fine up to £5000 to defendents and they also have some civil responsibilities such as enforcement of council tax debts. They have some work in the family courts panel, relating to breakdown of marriages.