AS Citizenship Chapter 2 – Citizens and the Law

Session Aim : To explore law and order in communities Learning objectives: To identify and name Government initiatives to tackle crime To understand some of the limitations of the existing initiatives To be able to investigate and debate key issues

Introduction Read pages 24 and 25 of ‘AS Citizenship and then explain/discuss: “Why are so many young people either victims or perpetrators of crime?

Keywords/terms Advocacy – representing clients in court Bar – Collective name for barristers Judiciary – Collective term for judges QC – Queen’s Counsel Lord Chancellor Law Officers: Attorney General Solicitor General Judges : Law Lords, Lords Justices of Appeal, High Court Judges, circuit judges, recorders, district judges, chairmen Lawyers : The Bar, The Law Society, barristers & solicitors

Law and the Courts If I steal an apple which Court would I likely appear in? If I steal an apple which Court would I likely appear in? If I rob a bank which Court would I appear in? If I rob a bank which Court would I appear in? If I am dismissed from my job as a Teacher because I have stolen an apple - where would that civil case be heard? If I am dismissed from my job as a Teacher because I have stolen an apple - where would that civil case be heard?

Law and the Courts If I buy a Coke and find a caterpillar inside which Court could I take the case to? If I buy a Coke and find a caterpillar inside which Court could I take the case to? From your ‘AS Citizenship’ textbook (pages 26-27) produce a list of all Courts and the types of cases heard in them. From your ‘AS Citizenship’ textbook (pages 26-27) produce a list of all Courts and the types of cases heard in them.

Law and the courts Can you give me an example of ‘Criminal Law’? Can you give me an example of ‘Criminal Law’? Can you give me an example of ‘Civil Law’? Can you give me an example of ‘Civil Law’? Can you give me an example of a scenario that could provide both a criminal and a civil outcome? Can you give me an example of a scenario that could provide both a criminal and a civil outcome?

ADR: Alternative Dispute Resolution Going to a Civil Court costs money. Going to a Civil Court costs money. Even if you win the case – you could lose out financially. Even if you win the case – you could lose out financially. Judges must encourage ADR. Judges must encourage ADR.

ADR: resolving disputes ADR: resolving disputes Arbitration Arbitration involves parties agreeing to let a third party make a binding decision. Arbitration involves parties agreeing to let 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.

Questions What do Mediation UK do? What do Mediation UK do? What do ‘Administrative Tribunals’ do? What do ‘Administrative Tribunals’ do? Why would someone go to a ‘Social Security Tribunal’? Why would someone go to a ‘Social Security Tribunal’? What are ‘Domestic Tribunals’? What are ‘Domestic Tribunals’? Name the types of cases heard at an ‘Employment Tribunal’? Name the types of cases heard at an ‘Employment Tribunal’? What other tribunals exist? What other tribunals exist?

The Legal Profession What is the difference between a District Judge and a Magistrate? What is the difference between a District Judge and a Magistrate? There are two types of District Judges - in which Court do they sit? There are two types of District Judges - in which Court do they sit?

Solicitors and Barristers How many Solicitors are there? What do they do? How many Solicitors are there? What do they do? How many Barristers are there? What do they do? How many Barristers are there? What do they do? What is a QC? Name one? What is a QC? Name one?

The Judges What is the difference between an “inferior” and a “superior” judge? What is the difference between an “inferior” and a “superior” judge? Can you name the ‘Law Officers’ of the Government (see page 31 of ‘AS Citizenship’)? Can you name the ‘Law Officers’ of the Government (see page 31 of ‘AS Citizenship’)?

Social Composition of Judges - Who cares? - Does it matter? In 2002, 9 out of 98 High Court judges were women. In 2002, 9 out of 98 High Court judges were women. 2 out of 35 Appeal Court Judges were women. First female Law Lord - Dame Hale. 2 out of 35 Appeal Court Judges were women. First female Law Lord - Dame Hale. Only 9% of Circuit Judges and 12% of Recorders are female. Only 9% of Circuit Judges and 12% of Recorders are female.

Ethnic Minority backgrounds! Only 1% of Circuit Judges and 3% of Recorders ethnic. Only 1% of Circuit Judges and 3% of Recorders ethnic. Between 1997 and 1999 some 85 judges were appointed and 73% of these had been to fee paying public schools - 79% from Oxford or Cambridge Uni’s. Does all this really matter? Why? Between 1997 and 1999 some 85 judges were appointed and 73% of these had been to fee paying public schools - 79% from Oxford or Cambridge Uni’s. Does all this really matter? Why?

A Citizen’s role Break into groups to research, plan and present: 1. Lay Magistrates 2. The Jury System. 3. Problems with the Jury System. 4. Reform of the Jury System. 5. Restorative Justice.