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Body & Soul0 min ago
Is trial by DJ fair?
This question has been discussed and I would like ABers opinions.
At Crown Court if you plead not guilty you are tried by a jury of 12 persons who decide whether you are innocent or guilty. At Magistrates Court you are tried by a bench of 3 lay Magistrates who have gone through very comprehensive training or 1 District Judge who has legal qualifications. The question is ...are offenders getting a fair unbiased trial if they are tried by a single person i.e. the DJ?
At Crown Court if you plead not guilty you are tried by a jury of 12 persons who decide whether you are innocent or guilty. At Magistrates Court you are tried by a bench of 3 lay Magistrates who have gone through very comprehensive training or 1 District Judge who has legal qualifications. The question is ...are offenders getting a fair unbiased trial if they are tried by a single person i.e. the DJ?
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What do you mean by "fair"?
Acquittal rates are certainly higher in Crown court Trials where a jury is the sole arbiter of the facts of the case.
But this may well mean that people who are actually guilty are more likely to get an acquittal at a Crown court. Is that "fair"? If it is "fair" then who to? Certainly not Society.
What would be fair is that all guilty people are convicted, and all not guilty people are acquitted, no matter where the trial takes place. But that is never going to happen.
Acquittal rates are certainly higher in Crown court Trials where a jury is the sole arbiter of the facts of the case.
But this may well mean that people who are actually guilty are more likely to get an acquittal at a Crown court. Is that "fair"? If it is "fair" then who to? Certainly not Society.
What would be fair is that all guilty people are convicted, and all not guilty people are acquitted, no matter where the trial takes place. But that is never going to happen.
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