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Transcript of Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America...
![Page 1: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/1.jpg)
Comparative Law Spring 2001Class 38
Columbus School of Law
The Catholic University of America
Professor Fischer
April 21, 2002
![Page 2: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/2.jpg)
Today’s Class
• English Criminal Procedure
![Page 3: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/3.jpg)
General Trends in English Criminal Procedure
• Greater focus on human rights, especially those rights in Art. 5 and 6 of the European Convention on Human Rights
• Move toward less adversarial system toward more inquisitorial system
• More and more work is heard by magistrates courts (97 per cent of criminal cases and 95 percent of sentencing)
![Page 4: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/4.jpg)
Which English Courts Try Criminal Cases?
![Page 5: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/5.jpg)
Which English Courts Try Criminal Cases?
• Magistrates Courts
• Crown Court
![Page 6: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/6.jpg)
Which English Courts Hear Criminal Appeals?
![Page 7: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/7.jpg)
Which English Courts Hear Criminal Appeals?
• Crown Court (from Magistrates Court against conviction and/or sentence)
• Queen’s Bench Divisional Court (from Magistrates Court on points of law, judicial review)
• Court of Appeals (Criminal Division) (from Crown Court on points of law; requires leave)
• House of Lords (from Court of Appeals on points of law of general public importance or leapfrog appeals from QBD; requires leave; very rare – about 6 per year)
![Page 8: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/8.jpg)
What Criminal Offenses are heard by magistrates courts?
![Page 9: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/9.jpg)
What Criminal Offenses are heard by magistrates courts?
• Summary offenses such as traffic offenses• Since magistrates courts used to sit near police stations,
the public tends to think of them as “police courts”• Offenses are heard by 2-3 lay magistrates or by 1
district judge. Magistrates rely on a clerk for advice on the law.
• Magistrates can send an offender to prison for up to 6 months for one offense or up to12 for more than one offense and/or fine up to £5000.
• No juries in magistrates courts
![Page 10: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/10.jpg)
What Criminal Offenses are heard by magistrates courts?
• Also can hear offenses triable either way, which are medium serious offenses such as conspiracy, robbery, gbh
• Here the defendant who pleads not guilty can elect trial in the magistrates court or the Crown Court unless magistrates insist on a Crown Court trial (or in some cases,where prosecutor does so). Most defendants opt for summary trial.
• Magistrates can commit to a Crown Court for sentencing if they think their powers are inadequate
![Page 11: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/11.jpg)
What criminal offenses are heard by the Crown Court?
• “indictable offenses”, which are the most serious crimes, including murder and rape.
• “triable either way offenses” • Many of the judges are High Court judges who travel
there “on circuit” and will try most serious offenses such as murder
• Other judges, circuit judges, or part-time recorders, try less serious offenses such as conspiracy or grievous bodily harm or offenses released to them such as manslaughter or causing death by dangerous driving
![Page 12: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/12.jpg)
Crown Court Juries
• If the defendant pleads not guilty, a jury of 12 sits with the judge or recorder
• There is no option of trial by judge alone though Lord Justice Auld has recommended this in his 2001 report.
![Page 13: Comparative Law Spring 2001 Class 38 Columbus School of Law The Catholic University of America Professor Fischer April 21, 2002.](https://reader035.fdocuments.us/reader035/viewer/2022072016/56649efc5503460f94c0f2e7/html5/thumbnails/13.jpg)
Human Rights and Criminal Law
• 1994 law that abolished bail for certain offenders (e.g. rape or murder) was found to violate the ECHR Art. 5 Why?
• The law on bail has been challenged on this basis on many other ways and may require amendment in light of Art. 5
• Another change designed to speed cases through trial in magistrates courts is to give more judicial management powers to justices clerks