The Advantages & Disadvantages of Using Lay People in Criminal Courts

Advantages of Magistrates
1. Cost
  1. Magistrates are Unpaid (Apart From Their Expenses)
  2. Saves £100m Approx. Annually
2. Local Knowledge
  1. Local Knowledge is Invaluable in Understanding Where Offences Took Palace
    1. In Crown Court Time Would Be Spent Explaining Locations
  2. Local Problems Can Be Taken Into Account When Sentencing
3. Availability of Judges
  1. Not Enough Judges for Every Trial
4. Can Deal With The Issues That Arise
  1. Capable to Decide Whether or not Behaviour is Reasonable in all the Circumstances
5. Public Confidence
Disadvantages of Magistrates
1. Not Representative of Society
  1. Mostly White, Middle Class, Professional & Wealthy
  2. Usually Middle Aged
    1. 5% of Magistrates Under 40
2. Inconsistent in Sentencing
3. Case- Hardened & Biased
  1. Will Hear Similar Cases & Give the Same Sentence
  2. Bias in Favour of Police Evidence
    1. Bingham Justices ex p Jowitt (1974)
4. Reliant on Legal Advisor
Advantages of The Jury
1. Sometimes Provide a Perverse Vedict
  1. Public’s Opinion
2. Racially Balanced
3. Public Participation in Criminal Justice System
4. Balance Against State Interference in Criminal Trials
  1. Balance Against the Power of Government
Disadvantages of The Jury
1. Do Not Have to Give Reasoned Verdicts
  1. Jurors Can Just Follow Other Members of The Jury's Decisions
2. Not Truly Representative of The Public
  1. Certain Members of The Public Excluded From Jury Service
3. Lack of Ability
  1. Lack of Legal Knowledge
  2. Evidence Presented in a Simplified Way- Jurors Question Truthfulness of Evidence
4. Effect that Jury Service has on Jurors
  1. Can be Distressing

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The Advantages & Disadvantages of Using Lay People in Criminal Courts

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