Saturday, August 21, 2010

What are the roles of judges and lawyers in criminal and civil cases?


Judge: Presides over the courtroom, ensuring that the rules of the court are observed and that the trial is properly conducted in all respects. Where there is no jury, the judge rules on guilt. Where there is a jury, the judge is a tribunal of law and the jury is the tribunal of fact; this means that the jury decides whether the accused did the actions he's accused of, and the judge keeps it within the law and later does the sentencing.

Solicitors: Fill out paperwork, gather evidence, instruct a barrister to represent the accused in court.

Barrister: Stand up in court and argue the evidence. The defence counsel will attempt to convince the judge and/or jury that it there is a reasonable prospect that the accused didn't commit the crime. The prosecution's job is not to get a conviction; it is to fairly present the evidence against the accused to ensure a proper trial.


Judge: There is very rarely a jury in civil cases so invariably the judge decides the facts and the law. His role is to listen to the evidence and determine whether it is more likely than not that the claimant's case is the truth.

Solicitor: Fill out paperwork, gather evidence, instruct barrister.

Barrister: Stands up in court and argues the claimant's case or presents the defendant's case.

It's all a bit more complicated than that, but those are the basic roles.What are the roles of judges and lawyers in criminal and civil cases?
Judges rule if you are guilty/not guilty. Lawyers argue to make you innocent or guilty. Odviously.

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