News1 min ago
Isn't It Time To Do Away With Trial By Jury?
http://www.dailymail.co.uk/news/article-3164477/Juror-narrowly-avoids-jail-causing-sex-attack-trial-collapse-Googled-defendant.html
There are too many thick people nowadays with no common sense able to sit on a jury to ensure a fair trial. Maybe the judge should decide whether the defendant is innocent or guilty and the jury should decide the punishment.
There are too many thick people nowadays with no common sense able to sit on a jury to ensure a fair trial. Maybe the judge should decide whether the defendant is innocent or guilty and the jury should decide the punishment.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Indeed it is, Eddie. In fact there are (or rather were) plans to increase their powers to 12 months but these have been quietly shelved.
The criteria for where a trial is held are not entirely straightforward, Mikey. Basically all “summary” offences must be dealt with to a conclusion in the magistrates’ court. These include almost (but not quite) all motoring offences, common assault, assault on PC, animal cruelty, drink driving. These cannot be dealt with in the Crown Court under any circumstances (unless they result in an appeal against conviction and/or sentence).
“Indictable only” offences can only be heard in the Crown Court (although they begin their journey with a hearing in the Magistrates’ court). These offences include murder, manslaughter, rape, robbery, causing death by dangerous driving.
In between are “either way” offences. These can be heard at either venue. If the case goes to trial the Magistrates decide whether or not to retain jurisdiction (based on the facts they hear). But if they decide to retain the case the defendant has the right to trial by jury (but he does not have the right to a Magistrates’ Court trial if the Bench declines jurisdiction). Either way offences include theft, ABH, dangerous driving. These offences have maximum sentences in excess of six months but if they are sentenced in the Magistrates’ Court six months is the maximum. The Magistrates however retain the right to send the matter to the Crown Court for sentencing if they consider their powers are insufficient.
The criteria for where a trial is held are not entirely straightforward, Mikey. Basically all “summary” offences must be dealt with to a conclusion in the magistrates’ court. These include almost (but not quite) all motoring offences, common assault, assault on PC, animal cruelty, drink driving. These cannot be dealt with in the Crown Court under any circumstances (unless they result in an appeal against conviction and/or sentence).
“Indictable only” offences can only be heard in the Crown Court (although they begin their journey with a hearing in the Magistrates’ court). These offences include murder, manslaughter, rape, robbery, causing death by dangerous driving.
In between are “either way” offences. These can be heard at either venue. If the case goes to trial the Magistrates decide whether or not to retain jurisdiction (based on the facts they hear). But if they decide to retain the case the defendant has the right to trial by jury (but he does not have the right to a Magistrates’ Court trial if the Bench declines jurisdiction). Either way offences include theft, ABH, dangerous driving. These offences have maximum sentences in excess of six months but if they are sentenced in the Magistrates’ Court six months is the maximum. The Magistrates however retain the right to send the matter to the Crown Court for sentencing if they consider their powers are insufficient.
Been on jury service twice, second time was a nightmare, black bloke stabbed a white bloke in the stomach with a 12" kitchen knife which he took from a kitchen at a party, stabbed the white bloke so hard his stomach was strewn across the pavement, one jury member wouldn't go for the guilty verdict because he wasn't sure he intended to cause him serious harm?
Surely if you stab someone with a 12" knife you intend to cause them harm?
Surely if you stab someone with a 12" knife you intend to cause them harm?
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