According to Legal Definitions.com, 2004-2007, no contest “refers to the defendant’s plea to the court that he or she would not fight against or dispute the allegations or charges filed against him or her.” If the defendant enters a plea of not guilty, and the crime committed is severe enough, the defendant may be applicable to with stand a jury trial. These crimes mainly include major drug trafficking, murder, kidnapping, etc. Steps in a Jury Trial The first step in a jury trial is the selection of a jury. Selection of a jury is a process that begins with a large group of individuals in the same room interviewed, and asked questions by a lawyer to determine his or her eligibility. The jurors must not withhold any personal biases and must be completely honest in his or her answers.
It has been said that America has the best criminal justice system that money can buy. For the most part, the obvious corruption of third world banana republics, with cash exchanging hands for not guilty verdicts or the dismissal of prosecutions, is not present in the American justice system. Instead, the corruption is more subtle and far worse: the system is biased. At least a corrupt judge or prosecutor is neutral to the extent that they sell their services to highest bidder. The class biased judge or prosecutor, by contrast, is the legal equivalent of going to the casino where the odds inherently favor the house and are unlikely to change.
Process of a criminal trial Criminal offences are divided into two categories; summary or indictable offences. The procedures vary according to the category of offence being prosecuted. Summary offences are relatively minor; offensive behaviour, most traffic offences and drink driving. There is no jury trial as summary offences are dealt with by a magistrate in the Local Court. Penalties range from a bond to a maximum gaol sentence of 3 years.
Lay Magistrates What are the duties and powers of the lay magistrates? In simple terms – what do they actually do? Explain the work of the lay magistrates? The lay magistrates are non-legally trained judges who sit in the magistrate’s court They deal with minor offences such as summary offences which can only be heard in the magistrate’s court and either-way offences which can be heard in either the magistrate’s court or the crown court depending on how serious an either-way offence they are. Magistrate’s courts make up 95% of the criminal justice system.
95%of criminal offences are tried and dealt with in magistrates’ court. It also has the criminal jurisdiction to issue search and arrest warrants, decide on bail applications and sending trials to crown court where they will be tried before a judge and jury. The magistrates’ court has limited powers in passing judgement, which is a maximum of £5000 in fines, six months in prison or twelve months for concurrent offences. The magistrates are not legally qualified but are trained and made up of three people. They are not paid except for expenses but in some towns the magistrates’ court can be conducted by a full time, paid, legally qualified magistrate called district judge.
a judge is presumed to actually understand and take serious the principle of "beyond a reasonable doubt." Likewise, judges are less likely to be confused or dazzled by effective advocacy, meaning they are less likely to acquit a guilty person. Jurors, however, are more likely to acquit a guilty defendant (than is a judge), and thus are a better choice for a defendant who is actually (or likely) guilty. Overall, however, juries are more likely to convict a defendant, regardless of actual guilt.Jury system is the very basic part of the judicial system from ancient times in decision making. It's popular throughout Europe and British Isles.
The hearing is dealt with by the clerk of the court or by a single lay magistrate. 5. What is a plea before venue and to which type of offence is it relevant? - This only applies to triable either way offences. The defendant is first asked whether he pleads guilty or not guilty.
When the Labour government implemented these laws they protected traditional parliamentary sovereignty. Unlike Germany or the USA where judges can annul legislations that are found to be in breach of the human rights act. In the UK however judges can only issue a declaration of incompatibility which sends the legislation back to parliament so that they can make changes to suit the HRA. It is difficult to declare on this subject whether or not there have been enough reforms on the Human Rights Act as through one viewpoint it is important to sometimes evade Human Rights to catch potential terrorists on the other hand millions of people have had to sacrifice their right to private life as has been found with the major scandal of NSA spying on internet records. Some people may argue that if you have nothing to hide you should not fear however people still should be able to have
This essay is to show the different roles of not only lawyers such as barristers and solicitors but also the use of lay people like juries of lay magistrates in the legal system but also point out their flaws and advantages. The lay people (non-legally qualified people) who are involved in criminal cases are: Magistrates and Jurors (Members of Juries) In the law system lay people are ordinary, non-qualified people who are unpaid. But it is believed that the use of lay people makes the law system fairer. Lay people are mostly used in Magistrates Courts and Crown Courts. Lay people can either be Magistrates or Jurors.
It deals with up to 97% of criminal cases. In the magistrate court , cases are usually heard by either the district judge or 3 lay magistrates. The magistrate court do not have members of the juries. Generally, the magistrate Court handles cases known as ‘summary offences, which included cases such as most motoring offences, minor criminal damage, being drunk and disorderly, families and children and general family matters ( contactlaw.co.uk/types-of-courts-in-the-uk.html). The magistrate court grants warrants, summons and bail applications.