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British Justice System

British Justice System. I will: Examine the various type of courts used within the British justice system. Understand the difference between civil and criminal law. Experience and consider an alternative way of sentencing. Examine the advantages and disadvantages of trial by jury.

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British Justice System

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  1. British Justice System I will: • Examine the various type of courts used within the British justice system. • Understand the difference between civil and criminal law. • Experience and consider an alternative way of sentencing. • Examine the advantages and disadvantages of trial by jury.

  2. High Profile Court Cases: 1. 2. 3. 4. 5. 6. Can you think of any high profile court cases?

  3. Celebrities in court: • Michael Jackson. Sexual molestation and supplying • alcohol to a child • 2. Naomi Campbell. Assault • 3. Diane Preety. Seeking the right to have an assisted suicide. • 4. Pete Doherty. Possession of Class A drugs (Heroine and cocaine). • 5. Winona Ryder. Shoplifting. • 6. Hugh Grant. Paying for sexual acts. • 7. Cheryl Tweedy. Assault

  4. Match the courts with what they do. Courts

  5. Civil Law Tries to solve disputes between individuals, businesses or organisations. The decision made by the court is usually that the person/ organisation in the wrong pays damages to the other party. Contract law, family law, and employment law are all types of civil law. Criminal Law Attempts to maintain law and order and to protect citizens. Cases are normally started through the Crown Prosecution Service. Criminal cases may end in fines, probation, curfews or prison. There are Two Main Types of Law • What is Civil Law? • What is Criminal Law?

  6. Criminal or Civil • A man is charged with drink driving. • A woman is injured in a car crash and wants compensation from the person who caused the crash. • A woman feels that she was unfairly dismissed form work. • A man is suspected of rape. • A woman wants her neighbour to cut down her trees because they are blocking her garden from sunlight. • A man wants visitation right to his children. • A woman is accused of stealing from a supermarket. • A man is drunk and disorderly Copy and complete the table. Civil Criminal

  7. Criminal Courts More than 90% of all criminal cases are dealt with in a magistrates court. Usually three magistrates sit on the ‘bench’ to hear the case. They decide guilt and sentence. Magistrates Court Serious offences get passed onto the Crown Court. These are held in cities and towns around England and Wales. A judge is in charge and a jury decided whether the defendant is guilty or not. Crown Court If a defendant does not think they have had a fair trial or they feel that there punishment is too harsh they can take their case to an appeal court. Appeals are heard by judges, there is no jury. Court of Appeal

  8. Civil Courts High Court County Court If the matter is complicated or if the sum of money is involved is grater than £50,000 the case goes to high court. Most civil cases are dealt with in county court. A judge decides these cases. No jury. Court of Appeal If the people concerned do not agree with the verdict then cases can be taken to appeal.

  9. Justice in the Round • A judge in Canada (Bria Huculak) shocked the legal community by beginning to consult the local community about appropriate sentences for defendants who have pleaded guilty. • She used sentencing circles which involved around 20 or 30 people discussing what would be the appropriate sentence for the defendant. • The circle would contain members of the defendants friends and family as well as people who were affected by the defendants actions. • The aim was to identify the harm done and to work out appropriate sentences for certain defendants who have pleaded guilty. • Sentencing circles are a form of offender/ victim mediation. • The judge makes the ultimate decisions. The judge leads the discussion. • Sentencing can be absolute discharge, community service, probation, tagging or imprisonment.

  10. Sentencing Circle: Jake Lewis • We are going to be experiencing a sentencing circle. • You will be given a role in the activity by your teacher. • You need to spend a few minutes thinking about what your opinion will be and what you would like to bring to the sentencing circle. • The aim is to think of a suitable sentence for Jake Lewis and his girlfriend Courtney Lewis.

  11. Questions • What are the advantages of the sentencing circle approach? • What are the disadvantages of the sentencing circle approach?

  12. Trial by Jury • If a crime goes to Crown Court then the defendant is trialled by jury i.e. the jury decide if the defendant is guilty or not. • Trial by jury is much slower than hust having a judge or judges who make decisions. • Some cases cost hundreds of thousands of pounds. • A jury is made up of twelve people from a variety of backgrounds. This reduces the chances of error and ensures that the decision reflects the views of the community at large.

  13. Jury Questions • What are the main problems with trial by jury? • Why would some people argue it is the only way of making sure everyone gets a fair trial? • Why would it be easier to have an experienced judge or judges dealing with certain cases (this is what many countries do)?

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