8th juror, an architect and father of two, is the only juror to vote 'not guilty' in the first instance. Amongst these twelve anonymous men, he is the first to really gain the audience's attention, willingly and publicly going against the majority of the group by voting 'not guilty' after all the others vote 'guilty' (p.7). In this early action, we can identify many important qualities of his character. He is willing to question the 'facts' with which he has been presented.. He has compassion for the accused.
Whether or not this man was punished and remained in jail was up to the prosecution. Heffernan’s critical decision would be whether or not to remove his thoughts on morality from his professional decision. The defendant had a legal right to a jury trial and a moral right to have it vindicated. Since the judge had refused to instruct the jury concerning the justifiable use of deadly force, the defendant had been denied that right. Heffernan was faced with whether
Explain the work of Lay Magistrates. (10 marks) Lay magistrates (also known as the Justices of the Peace) are people that have volunteered to become a magistrate without any legal qualifications, although they do receive lots of training over the course of around 18 months. They have to be between 18 and 65 but are not required to retire until they reach the age of 70. Their role consists of many different tasks inside and outside of the court. Their main role outside the court is to undertake training by visiting prisons and the local community but they also have the power to issue search or arrest warrants and to interview or hold a suspect.
CHAPTER 9 * old days youth 14 and older were tried in adult court and sent to adult prison - 1982 came out with the Young Offenders Act Q: Why have the 1982 Young Offenders Act? A: Society’s view of young people simply evolved and changed Under YOA – 18 Under Juvenile Delinquents Act – 16 * transfer to adult court only if serious crime is committed by a kid 14-17 years of age Disposition – the sentence a judge gives in youth court 6 Dispositions: 1. Absolute discharge – you are found guilty but let off eg 1st time offenders 2. Fines – maximum is $1000 (youth has to pay, not the parents) 3. Compensation – pay back victim 4.
2. You should never 'wing it' before going to court, leaving you to go to court unprepared. The court will need specific, detailed information about the case. Your credibility as a witness will be enhanced if you have reviewed your case file and have a good understanding of what the case is about and what work you’ve done on it. 3.
As a way to make the prisoners feel more human and give them some hope they allowed a priest to meet with them, instead of offering spiritual counseling, he advised them to get legal counsel. If I were a prisoner in this study I definitely would have liked the right to stop participating to be my choice, not being forced to stay after I had requested to go home. To me it made me think in some ways the participants were being held hostage. If I were the experimenter in charge I still would have done the experiment, just not to the extent that he did. It’s obvious the participants rights were violated when their request to go home were denied.
One of the important ethical issues to check, is that you do not know the person, and that you are not connected in anyway that is inappropriate, this is called a dual relationship this may be unavoidable in small towns, we would also need to assess that that there are no sexual attractions, on this basis the therapist may decide they cannot work with the client, and may offer the client an alternative therapist. The prospect that this could happen must be explained to the client in the initial consultation, so you can build trust, and the client can feel that you are working in their best interests. It is also important to make sure that the power of the relationships formed between therapist and client is of an equal one, it is extremely valuable to empower your client, and not take the power. The only time a therapist should show authoritarian power is when using inductions which require this
The first time offender might get a second chance with a non-conviction program and be scared straight. The benefits of the bargaining system here are obvious. While most prosecutors do consider victims of the crime in bargaining, it is a case by case basis on whether or not the prosecutor will consult the victim before reaching a bargain with the defendant. It is likely that the bargaining system will continue to be practiced within our criminal system for a long time to come. I disagree with plea bargaining for the fact that if they did something once and get a plea bargain many will think of it as they got away with something, also they may think if they do something again they will think they can get another plea bargain deal.
Instead, the judge hears all evidence for the case and then rules whether or not the juvenile is a delinquent. This process is known as an adjudication hearing. Adults will also be sentenced more harshly than juveniles because of the purpose
Criminal offences are classified into three groups : summary only offences, which are tried in the magistrates’ court; indictable offences, which are tried in the Crown Court; and either way offences, which, as the name suggests, may be tried either in the magistrates’ courts or the Crown Court. 95 per cent of the criminal cases are heard in the magistrates’ courts, where juries have no role (this proposition also includes cases involving either way offences where the defendant chooses to be tried by magistrates). Juries only decide case heard in the Crown court. Even among the 5 per cent of cases heard there, in a high proposition of these the defendant will plead guilty, which means there is no need for a jury and, on top of that, there are cases where the judges direct the jury that the law demands that they acquit the defendant, so that the jury effectively makes no decision either. The result is that juries actually decide only around 1 per cent of criminal