These lecture notes are about criminal courts and prisons.
It covers the functions of imprisonment as well as the roles of prison officers.
It also includes a few statistics and characteristics of the prison population, including both female and male prisons.
The lecture notes also provide an...
• Indictable Offences: Serious crimes – homicide/murder, sexual violence, robbery, drug supply =
Crown court
• Triable Either Way Offences: High value theft, burglary, unlawful wounding = defendant chooses
court
Adversarial System
• Prosecution and defence are opponents based on accusation and challenge ‘adversaries.
• The trial is the distinctive feature of adversaries
• Trial process relies on oral evidence from witnesses
• Innocent until proven guilty, burden of proof
, Criticisms
Courtroom drama + power of persuasion
Sometimes said they focus on evidential proof
Relevant witnesses not always available
The lower courts: Powers, procedures and personnel
How are cases heard in the magistrates’ courts?
• A bench of 3 ‘lay’ magistrates, part time and voluntary supported by court clerk.
• A senior magistrate chairs the bench and speaks on behalf of all 3 but equal power.
• One district judge – full time professional barrister or solicitor who must have 7 years of
experience – they sit in judgement alone.
• A specially trained panel of magistrates sits in the youth court
• Involvement of lay people means the public play a part in the administration of justice and
sentencing (Participatory democracy).
• Magistracy considered independent of other interests
• Lay magistrates are not qualified and do not represent diversity
The Higher Courts: Trial by Jury – Challenges & Considerations
• Universal Declaration of Human Rights 1948 – the right to a fair trial (article 6 of European
Convention of Human Rights)
• The right to be tried by your peers
• Right to have a trial by jury only possible if sentence exceeds 2 years
• Appeals against conviction or sentences passed by lower courts
• Number of cases going to court decreasing significantly each year
• Less than 1% of total cases coming through courts experience trial by jury (Sanders et al, 2010:
554)
• High rate of guilty pleas = no need for a trial
• Juries represent democratic governance – acts as symbol of justice, impartial and independent
decision-making
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller misa1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $20.13. You're not tied to anything after your purchase.
