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British Journal of Criminology Advance Access originally published online on May 21, 2008
British Journal of Criminology 2008 48(4):482-501; doi:10.1093/bjc/azn029
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The British Journal of Criminology 48:482-501 (2008)
© The Author 2008. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Modelling Mode of Trial

Steven Cammiss* and Chris Stride

* Faculty of Law, University of Leicester, University Road, Leicester LE1 7RH, UK; sc293{at}le.ac.uk.


  Abstract

This paper presents a quantitative analysis of data collected from the mode of trial hearing in two English magistrates' courts. A model of the mode of trial procedure is offered that explores the factors that influence the mode of trial decision taken by magistrates. While legal factors such as seriousness of the offence play a part in the process, the mode of trial decision is also shaped by factors such as courtroom culture, the provision of bail and ethnicity. While this study is, in many respects, exploratory, it does point towards the importance of these extra legal factors in the mode of trial decision and indicate future areas for research.


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