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What happens to a case if a defendant pleads not guilty and the case is an indictable offense?
What happens to a case if a defendant pleads not guilty and the case is an indictable offense?
What is the maximum fine a magistrate can impose on a defendant?
What is the maximum fine a magistrate can impose on a defendant?
Which court deals with appeals from decisions made in the Magistrates' Court?
Which court deals with appeals from decisions made in the Magistrates' Court?
Which of the following is NOT a characteristic of the Magistrates' Court?
Which of the following is NOT a characteristic of the Magistrates' Court?
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What is the function of a jury in a criminal trial?
What is the function of a jury in a criminal trial?
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Which of these is considered a triable-either-way offense?
Which of these is considered a triable-either-way offense?
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What legal professional typically represents the defendant in a Crown Court trial?
What legal professional typically represents the defendant in a Crown Court trial?
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What is the main difference between the Magistrates' Court and the Crown Court?
What is the main difference between the Magistrates' Court and the Crown Court?
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What is the main purpose of legal aid?
What is the main purpose of legal aid?
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Which type of plea bargaining involves pleading guilty to a lesser charge?
Which type of plea bargaining involves pleading guilty to a lesser charge?
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What is the primary purpose of bail?
What is the primary purpose of bail?
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What condition might be imposed on a defendant granted conditional bail?
What condition might be imposed on a defendant granted conditional bail?
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In which scenario might a defendant be denied bail?
In which scenario might a defendant be denied bail?
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What is the difference between unconditional and conditional bail?
What is the difference between unconditional and conditional bail?
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Which of these is NOT a type of plea bargaining?
Which of these is NOT a type of plea bargaining?
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What is the legal principle that dictates a defendant is presumed innocent until proven guilty?
What is the legal principle that dictates a defendant is presumed innocent until proven guilty?
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What are the two ways that members of the public can serve in the legal system?
What are the two ways that members of the public can serve in the legal system?
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What is the primary reason the Supreme Court typically hears cases?
What is the primary reason the Supreme Court typically hears cases?
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How is the process of determining a defendant's guilt or innocence decided by a jury?
How is the process of determining a defendant's guilt or innocence decided by a jury?
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What is the role of the judge in the trial proceedings?
What is the role of the judge in the trial proceedings?
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What is the age range for someone to be eligible for jury duty?
What is the age range for someone to be eligible for jury duty?
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Which of the following is NOT a reason why someone might be exempt from jury duty?
Which of the following is NOT a reason why someone might be exempt from jury duty?
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What is the maximum length of time someone can be disqualified from jury duty after receiving a prison sentence of less than five years?
What is the maximum length of time someone can be disqualified from jury duty after receiving a prison sentence of less than five years?
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What is the significance of the Criminal Justice and Courts Act 2015 in relation to jury service?
What is the significance of the Criminal Justice and Courts Act 2015 in relation to jury service?
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What is the maximum number of judges that could hear an appeal from a Crown Court verdict?
What is the maximum number of judges that could hear an appeal from a Crown Court verdict?
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What is the primary function of the Supreme Court in the English legal system?
What is the primary function of the Supreme Court in the English legal system?
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What is the difference in appeal rights for defendants convicted in Magistrates Court compared to those convicted in Crown Court?
What is the difference in appeal rights for defendants convicted in Magistrates Court compared to those convicted in Crown Court?
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Under what circumstance can the prosecution appeal a case?
Under what circumstance can the prosecution appeal a case?
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What happens if the Court of Appeals determines a conviction was unsafe?
What happens if the Court of Appeals determines a conviction was unsafe?
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What is the time limit for a defendant to request permission to appeal a Crown Court verdict?
What is the time limit for a defendant to request permission to appeal a Crown Court verdict?
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In what way is a judge's role crucial during a trial?
In what way is a judge's role crucial during a trial?
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Which of the following is an example of a state crime?
Which of the following is an example of a state crime?
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Which of the following is considered a protected characteristic under the Equality Act 2010?
Which of the following is considered a protected characteristic under the Equality Act 2010?
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What is the main argument for the 'dignity in dying' campaign?
What is the main argument for the 'dignity in dying' campaign?
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Which of the following individuals was convicted of genocide?
Which of the following individuals was convicted of genocide?
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Which of the following is a reason why public awareness of honor crime is relatively low?
Which of the following is a reason why public awareness of honor crime is relatively low?
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What is a key criticism of magistrates, particularly in the context of the Bingham justices case (1974)?
What is a key criticism of magistrates, particularly in the context of the Bingham justices case (1974)?
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What is the main advantage of involving lay people, such as magistrates and juries, in legal proceedings?
What is the main advantage of involving lay people, such as magistrates and juries, in legal proceedings?
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What is a potential disadvantage of using juries in legal proceedings?
What is a potential disadvantage of using juries in legal proceedings?
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What does the term "white collar crime" signify?
What does the term "white collar crime" signify?
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Study Notes
Types of Offenses
- Three types of offenses are classified by seriousness: summary, triable either way, and indictable.
- Summary offenses are minor offenses (e.g., speeding, assault without injury) and are tried in a magistrates court.
- Triable either way offenses are mid-level (e.g., burglary, harm) and can be tried in either a magistrates court or a crown court, depending on the specific case.
- Indictable offenses are the most serious (e.g., rape, murder, robbery) and are tried in a crown court, often with a jury.
Pre-Trial Matters
- Pre-trial matters occur before a trial and include decisions made by magistrates courts.
- These decisions include determining the admissibility of evidence and reading charges to the defendant.
- If the defendant pleads guilty, the magistrate hears mitigating and aggravating factors, determines sentencing, or defers sentencing for reports.
- If the defendant pleads not guilty, the magistrate decides on bail, legal aid, and orders reports; the case may be sent to a crown court.
Plea Bargaining
- Plea bargaining is an agreement between the defendant, prosecutor, and sometimes a judge, where the defendant pleads guilty in exchange for concessions.
- This aims to avoid a lengthy trial and is controversial, as it can potentially pressure defendants or overshadow their right to a fair trial.
- There are three types of plea bargaining: charge bargaining (pleading guilty to a lesser charge), court bargaining (pleading guilty to one charge while others are dropped), and sentence bargaining (pleading guilty to receive a lighter sentence).
Courts of First Instance
- Two types of courts of first instance in England and Wales are magistrates courts and crown courts.
- Magistrates courts deal with less serious offenses and can decide if less serious triable either way cases should be passed to the crown court.
- Magistrates have limited sentencing power (maximum fines and/or 6 months imprisonment).
- Crown courts deal with indictable offenses and appeals from magistrates courts, and some more serious triable either way cases.
Appellate Courts
- Appellate courts (supreme court and appeal court) review verdicts from lower courts (magistrates and crown).
- Appeals may involve the conviction or sentencing of defendants.
Juries
- Laypeople serve as jurors in crown court cases. Twelve people assess evidence to decide fact.
- They decide if a defendant is guilty beyond reasonable doubt.
- Jurors are selected at random and are advised on the law by the judge.
- Their decisions are secret.
- Jurors must be between 18-75, UK citizens, and have lived in the UK for 5 years.
- Various exemptions on medical or other grounds may apply.
Magistrates
- Lay magistrates (non-lawyer volunteers) handle the majority of criminal cases.
- These are often low-level offenses.
- They have training and support from a legal clerk.
- Their knowledge of the local area can be helpful in sentencing.
- Appeal rates from magistrate courts are low, mostly related to sentencing.
White Collar Crime
- Crime by high-status individuals/organizations.
- Includes fraud, embezzlement, bribery, insider trading.
- Corporate crime is committed by companies and organizations).
- Professional crime is committed by individuals making a living from crime.
Moral Crime
- Acts against moral norms or standards of behavior
- Cases where the perceived morality of conduct are in question.
- Legal outcomes in such cases may vary substantially.
State Crime
- Illegal activities committed by state agencies
- This includes human rights abuses, genocide, torture, war crimes, etc.
Domestic Violence
- Use of violence, threats, control, emotional abuse, among others.
- Victims include those of all types.
- Offenders tend to be male.
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Description
This quiz covers the classification of offenses by seriousness, including summary, triable either way, and indictable offenses. Additionally, it explores pre-trial processes, including decisions made by magistrates regarding bail and evidence admissibility. Test your understanding of these legal concepts!
