LAY PARTICIPATION IN THE LEGAL SYSTEM –
WEEK 7
Number of court cases has decreased over the years.
LAITY DEFINED: In religious organizations, the laity consists of all
members who are not part of the clergy, usually including any non-
ordained members of religious institutes, e.g. a nun or lay brother. A
layperson is a person who is not qualified in a given profession
and/or does not have specific knowledge of a certain subject.
INTRODUCTION: HIGHLY PROFESSIONALISED LEGAL SYSTEM
Judges,
Barristers,
Solicitors,
Social workers,
Probation workers,
Intermediaries,
Experts giving evidence.
But there are also lay magistrates; a key and longstanding role in
English Legal System (95% of criminal cases heard in the
magistrates courts)
Litigants in person,
Spectators,
The jury.
THE FUNCTION OF THE LAITY IN THE CIVIC SPHERE
Transparency,
Legitimacy,
Diversity,
Common sense, (lay people who haven’t had the disbenefit of highly
professional legal training have access to a certain kind of common
sense to use in the courtroom).
Education,
Regulation/oversight?
THE CONTEXT OF DEMOCRACY
Sovereignty and respect for the people,
Courts as proto-democratic sites/sites of legal governance (Resnik
and Curtis)
Democratic habits/culture,
Democratic deficit, and post democracy,
Populism (refers to a range of political stances that emphasise the
idea of "the people" and often juxtapose this group against "the
elite". The term developed in the 19th century and has been applied
, to various politicians, parties, and movements since that time,
although has rarely been chosen as a self-description).
THE JURY
Patrick Devlin’s ‘Lamp that shows that Freedom Lives’ (as compared
with Hancock’s Twelve Angry Men) (watchable on BBC)
THE ONGOING DEBATE
Simon Jenkins is an advocate of abolishing juries whereas Simon
Hoggart argues juries are important and smarter than lawyers.
THE FUNCTION OF JURIES
Promotes the democratic quality of justice, incorporating public
ideas about justice and fairness into trial court decisions,
Educate the public about the justice system, a legitimating function
for the legal system,
Helps to counteract bias and corruption among law trained
members.
DE TOCQUEVILLE, DEMOCRACY IN AMERICA (1835)
On lawyers: “Although they value liberty, they generally rate legality
as far more precious; they are less afraid of tyranny than of
arbitrariness, and provided that it is the lawgiver himself who is
responsible for taking away men’s independence, they are more or
less content.
On juries: “I do not know whether a jury is useful to the litigant, but I
am sure it is very good for those who have to decide the case. I
regard it as one of the most effective means of popular education at
society’s disposal”.
DISADVANTAGES
COST – jury trials are long and complex; hung juries (red herring
because this is less than 1%)
BIAS – creeps into decision making (true for judges too?)
Lack of legal training,
CERTAIN CASES TOO COMPLEX,
PERVERSE VERDICTS.
HISTORY OF THE JURY
First mentioned in 1215 MC (right of a freeman to the legal
judgement of his peers).
Move from trail by ordeal to an altercation between parties,
Instead of the rational enquiry led by a professional (inquisitorial…),
occasionally facilitated by torture, England began to rely on ordinary
members of the gentry to listen to altercation between the parties.
WEEK 7
Number of court cases has decreased over the years.
LAITY DEFINED: In religious organizations, the laity consists of all
members who are not part of the clergy, usually including any non-
ordained members of religious institutes, e.g. a nun or lay brother. A
layperson is a person who is not qualified in a given profession
and/or does not have specific knowledge of a certain subject.
INTRODUCTION: HIGHLY PROFESSIONALISED LEGAL SYSTEM
Judges,
Barristers,
Solicitors,
Social workers,
Probation workers,
Intermediaries,
Experts giving evidence.
But there are also lay magistrates; a key and longstanding role in
English Legal System (95% of criminal cases heard in the
magistrates courts)
Litigants in person,
Spectators,
The jury.
THE FUNCTION OF THE LAITY IN THE CIVIC SPHERE
Transparency,
Legitimacy,
Diversity,
Common sense, (lay people who haven’t had the disbenefit of highly
professional legal training have access to a certain kind of common
sense to use in the courtroom).
Education,
Regulation/oversight?
THE CONTEXT OF DEMOCRACY
Sovereignty and respect for the people,
Courts as proto-democratic sites/sites of legal governance (Resnik
and Curtis)
Democratic habits/culture,
Democratic deficit, and post democracy,
Populism (refers to a range of political stances that emphasise the
idea of "the people" and often juxtapose this group against "the
elite". The term developed in the 19th century and has been applied
, to various politicians, parties, and movements since that time,
although has rarely been chosen as a self-description).
THE JURY
Patrick Devlin’s ‘Lamp that shows that Freedom Lives’ (as compared
with Hancock’s Twelve Angry Men) (watchable on BBC)
THE ONGOING DEBATE
Simon Jenkins is an advocate of abolishing juries whereas Simon
Hoggart argues juries are important and smarter than lawyers.
THE FUNCTION OF JURIES
Promotes the democratic quality of justice, incorporating public
ideas about justice and fairness into trial court decisions,
Educate the public about the justice system, a legitimating function
for the legal system,
Helps to counteract bias and corruption among law trained
members.
DE TOCQUEVILLE, DEMOCRACY IN AMERICA (1835)
On lawyers: “Although they value liberty, they generally rate legality
as far more precious; they are less afraid of tyranny than of
arbitrariness, and provided that it is the lawgiver himself who is
responsible for taking away men’s independence, they are more or
less content.
On juries: “I do not know whether a jury is useful to the litigant, but I
am sure it is very good for those who have to decide the case. I
regard it as one of the most effective means of popular education at
society’s disposal”.
DISADVANTAGES
COST – jury trials are long and complex; hung juries (red herring
because this is less than 1%)
BIAS – creeps into decision making (true for judges too?)
Lack of legal training,
CERTAIN CASES TOO COMPLEX,
PERVERSE VERDICTS.
HISTORY OF THE JURY
First mentioned in 1215 MC (right of a freeman to the legal
judgement of his peers).
Move from trail by ordeal to an altercation between parties,
Instead of the rational enquiry led by a professional (inquisitorial…),
occasionally facilitated by torture, England began to rely on ordinary
members of the gentry to listen to altercation between the parties.
