Civic Duty: I've been called!

That's what most people, who have been in my company, usually say!

 

Well, I can say from work experience, Pete, that a Judge is responsible overall for everything that happens in a court case, in the way it is conducted, the direction it takes, and his learned advice and directions to a Jury should it be needed. A Judge's world is one that is built on respect, experience, an ability to make hard decisions, and a knowledge that any judgements made in his court can affect peoples lives beyond comprehension.

Actually, Pete, our Jury system has it's origins in the Viking settlements in England and has had a tortuous route to get to the present system which works well, so well that many other countries have adopted it.

Some people in a Jury would rather not be there but also realise the need for them to be there. I'd rather have 12, hopefully neutral, people listening to evidence, being given time to assess and argue the credibility of that evidence, then coming to a decision on the basis of that evidence than some of the other legal systems within this world. The whole system has evolved over a long period of time with improvements and adjustments being made along the way. But it is a system constructed by Humans and because all involved in the court cases are human from the the Judge, Jury, Barristers, Lawyers, Solicitors, Clerk of the Court, Ushers etc it is subject to human failings. I must admit I have had doubts about some of the Jury Members in some cases I have observed but in all of those cases I've always agreed with the outcome.

The Judges I know have my deepest respect. They are compassionate, cynical, fair, and sometimes possess a "black humour" that is used to protect them from the trauma of all the evils that pass before them in Courts. They are subject to, but ignore, pressures from all directions in Court Cases that would drive some people to crumble. Sometimes their decisions regarding punishments are at odds with what their heart and minds says, but they have to follow the Letter of the Law and precedence. Where they can they will introduce humanity and compassion while being neutral. The following extract gives you some idea of what a Judge has to do and be.
The Role of the Judge

Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice - legal cases are contests between opposing sides, which ensures that evidence and legal arguments will be fully and forcefully presented. The judge, however, remains above the fray, providing an independent and impartial assessment of the facts and how the law applies to those facts.

Many criminal cases - and almost all civil ones - are heard by a judge sitting without a jury. The judge is the "trier of fact," deciding whether the evidence is credible and which witnesses are telling the truth. Then the judge applies the law to these facts to determine whether a civil claim has been established on a balance of probabilities or whether there is proof beyond a reasonable doubt, in criminal cases, that the suspect is guilty. Anyone who faces five years or more in prison if convicted of a crime has the right, under the Charter, to request a jury trial, and many defendants facing serious offences such as murder opt to have a jury hear their case. The jurors become the triers of fact and assess the evidence while the judge takes on the role of legal advisor, explaining the law to the jurors. The jurors then retire to deliberate on a verdict. In criminal cases the jury's verdict, either "Guilty" or "Not Guilty" must be unanimous.

If the defendant is convicted of a crime, the judge passes sentence, imposing a penalty that can range from a fine to a prison term depending on the severity of the offence. In civil cases the judge decides whether a claim is valid and assesses damages, grants an injunction or orders some other form of redress to the plaintiff, unless a jury has been empanelled to make these decisions.

 

I have daily contact with the Judges. Some time ago one of the Crown Court Judges [who shall remain nameless] walked past me in full regalia, and seeing my lips twitching, looked at me with a self suffering smile on his face and muttered "Not a word.........not a word" and carried on as dignified as he could to the Court. I have to say that I do understand the value of the tradition of the Courts and that Gowns and Wigs do lend weight to the authority of the Crown and High Courts. While some of the Judges will perhaps gently infer their negative thoughts regarding the dress I know that they are also fiercely proud of the tradition behind it and that in the Courts they are representing the Queen.
Despite some negative comments about the Courts and Judges from the Public I think a "behind the scenes" period for some of the critics might just open their eyes slightly and change their opinion. Some of the crimes and versions of Humanity that pass through our Courts are beyond description and I sometimes wonder how not just the Judges but all those in the Courts manage to sleep at night without nightmares. Perhaps if people were to sit in the Galleries and watch a case they would understand more after seeing the reactions of families of victims and accused sitting in the next seats to them during the Court case.
We have an adversarial system in the UK which can be stressful to witnesses, victims and accused and it is a responsibility of the Judge to make sure that Barristers, Lawyers etc don't exceed their own bounds of responsibility. So a Judge has a wide parameter of responsibilities that I, for one, would not like to have and in my opinion a Judge's job is not a easy one.
As regards "dress and costume" I have to say that there are civil appointments, not within the Courts, where people are appointed to what are just ceremonial positions serving no practical purpose whatsoever. The cost of of the medieval costume is unbelievable with some of the shoes being handmade and costing the higher end of several hundred pounds and that is all paid for by your taxes. So believe me there are a lot of people out there wearing "funny clothes", being given a ceremonial "job" which doesn't contribute to anything in Society, while Judges do a hard job that is perhaps not as appreciated as it should be.

 

Well said that man..

 

You'll find, Pete, that the Jury members are treated with courtesy, care and are well looked after while waiting around during the court case. The Judge will always keep an eye on the Jury's welfare and mental state, while the Clerk of the Court and Ushers will be there making sure all is well and that they have all they need. I believe the question of payment has been "chewed" over by various organisations but all have come to the conclusion that being a Juror is a Civil responsibility and being paid to do so can lead to legal innuendos by parties with agendas about the neutrality of any Jury being paid by a Government to sit in a case.

Well, I didn't do that deliberately for any purpose, I assure you!!! Jurors, willing or not, come from all walks of Life and all have different approaches to the experience, bringing with them despite the "vetting" of defence and prosecution lots of bias, opinions, weaknesses and strength. Yes, for some it can be stressful due to their mental makeup or more likely due to the horrific nature of the case they are Jury on.

 

There's always a concern about endangering a job or being able to pay the bills when called to duty. Here's an extract that I often have to refer to when waylaid by a member of public even though it has nothing to do with me.

Loss of earnings and other expenses
Length of jury serviceTime spent each dayMaximum daily amount you can claim
First 10 days4 hours or under£32.47
First 10 daysOver 4 hours£64.95
Day 11 to day 2004 hours or under£64.95
Day 11 to day 200Over 4 hours£129.91
After day 2014 hours or under£114.03
After day 201Over 4 hours£228.06
Travel and parking costs
How you travel to courtThe court will pay
Bus or undergroundCost of the ticket
TrainCost of the ticket (2nd class return fare)
Bicycle9.6p per mile
Motorcycle31.4p per mile
Car31.4p per mile - ask the court for permission if you need to pay for parking
Car - for one other juror as a passenger4.2p per mile
Car - for each additional passenger3.2p per mile
TaxiThe fare - ask the court for permission before using a taxi
Food and drink
Length of time each day you’re away from home or workThe court will pay up to
Up to and including 10 hours a day£5.71 per day
Over 10 hours a day£12.17 per day
If the court asks you to stay overnightThe court will arrange accommodation