AS CitizenshipAS Citizenship

Chapter 2 – Citizens and the Chapter 2 – Citizens and the LawLaw

Session Aim : To explore law and Session Aim : To explore law and order in communitiesorder in communities

Learning objectives: Learning objectives:

To identify and name Government To identify and name Government initiatives to tackle crimeinitiatives to tackle crime

To understand some of the limitations of To understand some of the limitations of the existing initiativesthe existing initiatives

To be able to investigate and debate key To be able to investigate and debate key issues issues

Introduction

• Read pages 24 and 25 of ‘ASCitizenship and then explain/discuss:

“Why are so many youngpeople either victims orperpetrators of crime?

Keywords/termsKeywords/termsAdvocacyAdvocacy – – representing clients in courtrepresenting clients in court

BarBar – – Collective name for barristersCollective name for barristers

JudiciaryJudiciary – – Collective term for judgesCollective term for judges

QCQC – – Queen’s CounselQueen’s Counsel

Lord ChancellorLord Chancellor

Law Officers: Law Officers: Attorney Attorney General Solicitor General Solicitor GeneralGeneral

JudgesJudges : Law Lords, : Law Lords, Lords Justices of Lords Justices of Appeal, High Court Appeal, High Court Judges, circuit judges, Judges, circuit judges, recorders, district recorders, district judges, chairmenjudges, chairmen

LawyersLawyers : The Bar, The : The Bar, The Law Society, barristers Law Society, barristers & solicitors& solicitors

Law and the CourtsLaw and the Courts

If I steal an apple which Court would If I steal an apple which Court would I likely appear in?I likely appear in?

If I rob a bank which Court would I If I rob a bank which Court would I appear in?appear in?

If I am dismissed from my job as a If I am dismissed from my job as a Teacher because I have stolen an Teacher because I have stolen an apple - where would that civil case apple - where would that civil case be heard?be heard?

Law and the CourtsLaw and the Courts

If I buy a Coke and find a caterpillar If I buy a Coke and find a caterpillar inside which Court could I take the inside which Court could I take the case to?case to?

From your ‘AS Citizenship’ textbook From your ‘AS Citizenship’ textbook (pages 26-27) produce a list of all (pages 26-27) produce a list of all Courts and the types of cases heard Courts and the types of cases heard in them.in them.

Law and the courtsLaw and the courts

Can you give me an example of Can you give me an example of ‘Criminal Law’?‘Criminal Law’?

Can you give me an example of ‘Civil Can you give me an example of ‘Civil Law’?Law’?

Can you give me an example of a Can you give me an example of a scenario that could provide both a scenario that could provide both a criminal and a civil outcome?criminal and a civil outcome?

ADR: Alternative DisputeADR: Alternative DisputeResolutionResolution

Going to a Civil Court costs money.Going to a Civil Court costs money. Even if you win the case – you could Even if you win the case – you could

lose out financially.lose out financially. Judges must encourage ADR.Judges must encourage ADR.

ADR: resolving disputesADR: resolving disputes

Arbitration

Arbitration involves parties agreeing to let Arbitration involves parties agreeing to let a third party make a binding decision.a third party make a binding decision.

Definition:

Both parties involved in a dispute agree to allow a third party to make a decision on their case. Types can include industrial arbitration; commercial arbitration and consumer arbitration.

Advantages:

Knowledgeable arbitrator makes a decision; The case remains private; Quicker and cheaper than using the court system.

Disadvantages: There may be technical legal points which are better covered in the full court system; Awards made by the arbitrator may be challenged; If awards are challenged the case may end up in the court system anyway.

QuestionsQuestions

What do Mediation UK do?What do Mediation UK do? What do ‘Administrative Tribunals’ What do ‘Administrative Tribunals’

do?do? Why would someone go to a ‘Social Why would someone go to a ‘Social

Security Tribunal’?Security Tribunal’? What are ‘Domestic Tribunals’?What are ‘Domestic Tribunals’? Name the types of cases heard at an Name the types of cases heard at an

‘Employment Tribunal’?‘Employment Tribunal’? What other tribunals exist?What other tribunals exist?

The Legal ProfessionThe Legal Profession

What is the difference between a What is the difference between a District Judge and a Magistrate?District Judge and a Magistrate?

There are two types of District Judges There are two types of District Judges - in which Court do they sit?- in which Court do they sit?

Solicitors and BarristersSolicitors and Barristers

How many Solicitors are there? What How many Solicitors are there? What do they do?do they do?

How many Barristers are there? What How many Barristers are there? What do they do?do they do?

What is a QC? Name one?What is a QC? Name one?

The JudgesThe Judges

What is the difference between an What is the difference between an “inferior” and a “superior” judge?“inferior” and a “superior” judge?

Can you name the ‘Law Officers’ of Can you name the ‘Law Officers’ of the Government (see page 31 of ‘AS the Government (see page 31 of ‘AS Citizenship’)?Citizenship’)?

Social Composition of Judges -Social Composition of Judges -Who cares? - Does it matter?Who cares? - Does it matter?

In 2002, 9 out of 98 High Court In 2002, 9 out of 98 High Court judges were women.judges were women.

2 out of 35 Appeal Court Judges 2 out of 35 Appeal Court Judges were women. First female Law Lord - were women. First female Law Lord - Dame Hale.Dame Hale.

Only 9% of Circuit Judges and 12% Only 9% of Circuit Judges and 12% of Recorders are female.of Recorders are female.

Ethnic Minority backgrounds!Ethnic Minority backgrounds!

Only 1% of Circuit Judges and 3% of Only 1% of Circuit Judges and 3% of Recorders ethnic.Recorders ethnic.

Between 1997 and 1999 some 85 Between 1997 and 1999 some 85 judges were appointed and 73% of judges were appointed and 73% of these had been to fee paying public these had been to fee paying public schools - 79% from Oxford or schools - 79% from Oxford or Cambridge Uni’s. Does all this really Cambridge Uni’s. Does all this really matter? Why?matter? Why?

A Citizen’s roleA Citizen’s role

Break into groups to research, plan Break into groups to research, plan and present:and present:

1.1. Lay MagistratesLay Magistrates

2.2. The Jury System.The Jury System.

3.3. Problems with the Jury System.Problems with the Jury System.

4.4. Reform of the Jury System.Reform of the Jury System.

5.5. Restorative Justice.Restorative Justice.