The Advantages & Disadvantages of Using Lay People in Criminal Courts

The Advantages & Disadvantages of Using Lay People in Criminal Courts

1. Advantages of Magistrates

   • Cost
     • Magistrates are Unpaid (Apart From Their Expenses)
     • Saves £100m Approx. Annually
   • Local Knowledge
     • Local Knowledge is Invaluable in Understanding Where Offences Took Palace
       • In Crown Court Time Would Be Spent Explaining Locations
     • Local Problems Can Be Taken Into Account When Sentencing
   • Availability of Judges
     • Not Enough Judges for Every Trial
   • Can Deal With The Issues That Arise
     • Capable to Decide Whether or not Behaviour is Reasonable in all the Circumstances
   • Public Confidence

2. Disadvantages of Magistrates

   • Not Representative of Society
     • Mostly White, Middle Class, Professional & Wealthy
     • Usually Middle Aged
       • 5% of Magistrates Under 40
   • Inconsistent in Sentencing
   • Case- Hardened & Biased
     • Will Hear Similar Cases & Give the Same Sentence
     • Bias in Favour of Police Evidence
       • Bingham Justices ex p Jowitt (1974)
   • Reliant on Legal Advisor

3. Advantages of The Jury

   • Sometimes Provide a Perverse Vedict
     • Public’s Opinion
   • Racially Balanced
   • Public Participation in Criminal Justice System
   • Balance Against State Interference in Criminal Trials
     • Balance Against the Power of Government

4. Disadvantages of The Jury

   • Do Not Have to Give Reasoned Verdicts
     • Jurors Can Just Follow Other Members of The Jury's Decisions
   • Not Truly Representative of The Public
     • Certain Members of The Public Excluded From Jury Service
   • Lack of Ability
     • Lack of Legal Knowledge
     • Evidence Presented in a Simplified Way- Jurors Question Truthfulness of Evidence
   • Effect that Jury Service has on Jurors
     • Can be Distressing