IFP0650 Lecture 9-Crime, Criminal Courts and Jury (2) PDF

IFP0650 CRIME, CRIMINAL LAW AND THE JURY (2) Learning Outcomes Understand how a criminal case is dealt with in the Crown Court Understand the role of the Jury Understand the role of the Judge in the Crown Court The Crown Court - either way offences Cases heard in the C...

IFP0650 CRIME, CRIMINAL LAW AND THE JURY (2) Learning Outcomes Understand how a criminal case is dealt with in the Crown Court Understand the role of the Jury Understand the role of the Judge in the Crown Court The Crown Court - either way offences Cases heard in the Crown Court : Either way offences: theft. Burglary. Possession of drugs. Possession with intent to supply drugs. Affray. Assault occasioning actual bodily harm ( s47 Offences Against the Person Act 1861) Sentencing by a Judge and Trial by Jury in the Crown Court The Crown Court – indictable only offences Case heard in the Crown Court: Indictable only offences: Murder Manslaughter Robbery Conspiracy cases Rape and other Sexual Offences under the Sexual Offences Act 2003 Arson Attempting to Pervert the Course of Justice Assault under S20 and S18 of the Offences Against the Persons Act 1861 Abduction Entering a Plea The Defendant will plead guilty or not guilty. If the Defendant pleads guilty the Judge will either sentence the Defendant then and there or adjourn the case to enable a Pre-Sentence Report to be prepared by the Probation Services The Judge may refuse a request from a Defendant’s Solicitor for a Pre-sentence report to be prepared. The Defendant’s Solicitor will always address the Court and attempt to provide mitigating factors to the Judge attempt to persuade the Judge to be as lenient as he or she is able to be. Sentencing If a Defendant is found Guilty of a crime, their sentence will depend on a number of factors, including the type, seriousness and circumstances of the crime. When deciding on a sentence, the judge or magistrate will consider things like: age and maturity of the Defendant any learning difficulties or vulnerability the seriousness of the crime if the Defendant has a criminal record Mitigating Factors A mitigating circumstance is something that may reduce the Defendant’s sentence, such as having problems in their personal life that have affected your behaviour. What could these be? Sentencing Guidelines Judges have to consider the Sentencing Guidelines when handing down a sentence. Each offence has a minimum and maximum recommended sentence. https://www.sentencingcouncil.org.u k/crown-court Trial by Jury If a Defendant pleads Not Guilty in the Crown Court a trial date will be set by the Judge. The trial will be heard by a Jury The Jury consists of 12 member of the public who have been selected for Jury service The History Trial by Jury dates back to the 12th Century. The Magna Carta, the charter of rights, 1215: recognition that a person has the right a trial by ‘the lawful judgment of his peers’ start of trial by jury ‘12 Good men The Function of the Jury To decide on matters of fact; matters of law are the remit of the judge. The jury’s decision is based on a consideration of a mixture of fact and law. They must consider the Judge’s direction on the Law. The jurors determine whether a person is guilty on the basis of their understanding of the law as explained to them by the judge. Juries therefore have control over the verdict. All member take an Oath Jury Service Registered on the electoral roll and between the ages of 18-75 Ordinarily resident in the UK, Channel Islands or the Isle of Man for the last 5 years Not disqualified from jury service Jurors (once sworn) cannot refuse to come to a decision. Can only defer once if you have a good reason If you fail to attend to the Jury summons – fine of £1000 Unanimous, Majority, Hung… A Judge will request a unanimous verdict from the Jury After reasonable deliberations ( usually in excess of 6 hours) the Judge will accept a majority verdict of 10:2. If there is still no agreement and the members of the Jury cannot agree the Jury will be hung. A hung Jury could lead to a re-trial. The decision rests with the Crown Prosecution Service. Are Juries fair? Factors which may influence a Jury? Factors which may influence a Jury Race of defendants Pre-trial publicity Use of expert witnesses Ability of the Barristers Jury or no Jury? Can or should a jury make decisions with their own consciences? Is it possible to get a set of neutral, impartial and objective jurors, willing to discuss their views and feelings only with their fellow jurors? What are the stress and the pressures involved in considering information and having to reach a verdict over a long time period in a high profile case? Conformity and group dynamics? The role of the Media Pre-trial publicity Trial reporting Biases surrounding certain historic events/case – The Yorkshire ripper : R v Sutcliffe – The Stephen Lawrence case : R v Dobson and R v Norris – The Hillsborough Disaster : R v Duckenfield