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The Crown Court System in England and Wales - Essay Example

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The paper "The Crown Court System in England and Wales" tells that the Crown Court system in England and Wales was created under the court's Act of 1971, replacing the various Crown Courts of Liverpool, Manchester and London and all other session courts that were mainly dealing with criminal cases…
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The Crown Court System in England and Wales
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The court primarily deals with cases of serious criminal offences like murder, rape and robbery. Some cases are transferred from the magistrates’ court and others are appealing against the sentences of the magistrate courts. The case is put in front of the judge and the jury by the prosecution lawyer and thereafter the trial begins. In the presence of the victim and the defendant, the respective lawyers present their version supported by witnesses to the criminal act. After hearing both sides, the jury discusses the main points amongst themselves and comes to a certain result which is then communicated to the judge, with all relevant information that helped reach that conclusion. This verdict is then announced by the judge to both the parties giving relevant legal clauses under which the judgement is reached. The punishment is either announced on the same day or some later day as fixed by the presiding judge.

The Prosecution barrister is the one who starts the criminal proceedings on behalf of the victim, against the person who is supposed to have committed or perpetrated the crime and explains to the court what the defendant is accused of. He is responsible to the court to prove his case with supportive evidence. The Defendant barrister, on the other hand, acts on behalf of the person who is accused of the said offence or crime. His main responsibility is to show to the court that the prosecution’s arguments are not good enough to prove his client guilty and that there may be other explanations also. He does so by pointing out the probable flaws of the evidence produced.

The Jury is a very important part of the court proceedings. The jury consists of twelve members who hear the case of the two parties without any biases. The two main parties, the victim and the defendant are both unknown to the jury members and that is the main reason that they can collectively come to some concrete judgement with the help of supportive evidence produced in the court by the two barristers.

The Judge is the person who is in charge of the trial. ‘The judge decides on matters of law. The judge will also decide the sentence if the defendant is found guilty or admits to being guilty’(internet). He makes sure that the barristers keep within the legal framework. He supervises the swearing-in of the jury members and also that of witnesses. He also ensures that the trial is conducted in a fair manner. At times, he also advises the members of the jury about the legalities of the various acts that may influence the trial. Once all the evidence is produced, he reminds the jury members of the key points of the case who in turn deliberate over the pros and cons of the case, backing it with legal acts and clauses. The decision of being guilty or not guilty is then reached by the jury which is communicated to the judge who pronounces the verdict in the court. If the verdict declares the defendant guilty, the judge decides on the appropriate sentence or punishment, taking into account various parameters defined within the legal framework.

The juries in the crown court play a vital role in the proceedings of the case. The twelve members of the jury are selected randomly from the voters’ list. The eminent members of the general public whose names are selected for jury members are required to take oath under which they are prohibited to discuss the cases with anybody outside the courtroom. ‘The juror swears or affirms that he or she will faithfully try the defendant and give a true verdict according to the evidence’ (Juror). The judge also ensures that the parties of the trial, the prosecution and the defendant have not known figures to any of the jury members. The members are also informed about the various legal details under which the trial is being held. The jury members discuss the evidence produced by the prosecution and defendant barristers and evaluate them in an unbiased manner so that they can come up with a clear and fair decision.

The role of the jury is a very important factor of the crown court trial and they must continue to play the part that they have been playing for many years. The jury members help evaluate the evidence. Each of the twelve members of the jury, help analyse the facts and documents produced in the trial, giving their explicit opinion regarding them strictly conforming to the law. The different point of view of the members gives them to reach an understanding or consensus that promotes a fair judgement. The decision of the majority prevails, which is pronounced as the final judgement or the verdict. The diversity of opinions and the different perspectives of the members facilitate critical analysis of the evidence that is not only unbiased but also reasserts the democratic and fair value of the legal system. The upholding of the viewpoint of the majority reaffirms the fairness of the judgement that is reached. It is, therefore, important that the jury continue to play their part in the crown court with sincerity and knowledge-based decisions.

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