AC2.5 - write up:
Discuss the use of lay people in criminal cases:
Laypeople:
Laypeople refers to both jurors and magistrates together. Laypeople are regular citizens who lack
specialised or professional knowledge of the law or the court system.
Juries:
They participate in a variety of proceedings, including some inquests into unexpected deaths, as well as
the majority of Crown Court trials.
The Jury’s Role:
A jury of 12 laypeople typically renders the judgement in the majority of Crown Court trials. The
evidence and defence and prosecution's respective arguments are heard by the jury. They are free to
make notes and submit questions to the adjudicator if they so choose. The judge will provide them legal
guidance in this matter.
After leaving the courtroom, they return to decide whether to convict or not the defendant of a lesser
offence, such manslaughter rather than murder. They must be found guilty beyond a shadow of a doubt
in order to receive a guilty conviction.
The jury's decision is made in secret, and under the Criminal Justice Courts Act of 2015, it is illegal for
anybody to inquire about the jury's decision or the process that led to it. Only in circumstances like
reporting wrongdoing by other jurors are jurors permitted to reveal the results of their deliberations.
The names in the electoral register are used by a computer to generate a random selection of the jury
members. Those chosen will be issued a summons to appear in court. Normally, jury duty lasts two
weeks. Although if a trial lasts longer than this, it will be for longer.
Disqualification - Some people, such as those out on bond and those who have ever served a sentence
of five years or more in prison, are ineligible to serve on a jury. Anyone who has served a lesser term is
ineligible for 10 years.
Strengths of the Jury System:
A strength of being a jury member is that there is jury equity. This means when the jury makes verdicts based on their
morals and fairness rather than one that complies with the law. A case where jury equity was used is R V Ponting. In
this case ,a civil servant released information about a war that he shouldn't have. The judge directed the jury to find
them guilty due to the nature of the crime however the jury found the defendant not guilty because they felt that it was
in the public interest to know what the government had done in the war.
Another strength of juries is that it is a democracy. This means that it isn't a dictatorship and everyone has an equal
say. This means that the defendant is likely to get a fairer trial and justice is more likely to be served. This also would
remove bias or abuse of power.
Discuss the use of lay people in criminal cases:
Laypeople:
Laypeople refers to both jurors and magistrates together. Laypeople are regular citizens who lack
specialised or professional knowledge of the law or the court system.
Juries:
They participate in a variety of proceedings, including some inquests into unexpected deaths, as well as
the majority of Crown Court trials.
The Jury’s Role:
A jury of 12 laypeople typically renders the judgement in the majority of Crown Court trials. The
evidence and defence and prosecution's respective arguments are heard by the jury. They are free to
make notes and submit questions to the adjudicator if they so choose. The judge will provide them legal
guidance in this matter.
After leaving the courtroom, they return to decide whether to convict or not the defendant of a lesser
offence, such manslaughter rather than murder. They must be found guilty beyond a shadow of a doubt
in order to receive a guilty conviction.
The jury's decision is made in secret, and under the Criminal Justice Courts Act of 2015, it is illegal for
anybody to inquire about the jury's decision or the process that led to it. Only in circumstances like
reporting wrongdoing by other jurors are jurors permitted to reveal the results of their deliberations.
The names in the electoral register are used by a computer to generate a random selection of the jury
members. Those chosen will be issued a summons to appear in court. Normally, jury duty lasts two
weeks. Although if a trial lasts longer than this, it will be for longer.
Disqualification - Some people, such as those out on bond and those who have ever served a sentence
of five years or more in prison, are ineligible to serve on a jury. Anyone who has served a lesser term is
ineligible for 10 years.
Strengths of the Jury System:
A strength of being a jury member is that there is jury equity. This means when the jury makes verdicts based on their
morals and fairness rather than one that complies with the law. A case where jury equity was used is R V Ponting. In
this case ,a civil servant released information about a war that he shouldn't have. The judge directed the jury to find
them guilty due to the nature of the crime however the jury found the defendant not guilty because they felt that it was
in the public interest to know what the government had done in the war.
Another strength of juries is that it is a democracy. This means that it isn't a dictatorship and everyone has an equal
say. This means that the defendant is likely to get a fairer trial and justice is more likely to be served. This also would
remove bias or abuse of power.
