Jessica Crosbie

Thesis Title: Mini Jury, Big Decisions: Analysing the Decision Making of Magistrates in Domestic Violence Cases Using Current Theories of Decision Making

This proposed project addresses a critical and little-explored aspect of the criminal justice system: how Magistrates make decisions in domestic violence cases. Within academia, research on lay participation and decision-making in the justice system has primarily focused on juries, overlooking the critical role of Magistrates, who hear 95% of cases (Court and Tribunals Judiciary, ND). Whilst various theories explain how jurors make their decisions, no equivalent theory can be found to detail Magistrates’ decision-making (Pennington and Hastie, 1986). Domestic violence affects over 2.1 million people in England and Wales (Office of National Statistics, 2023), with 95% of such cases adjudicated in Magistrates’ courts (Court and Tribunals Judiciary, ND). Despite Magistrates’ pivotal role in determining justice, there is scant understanding of how Magistrates decide their outcomes (Hester, 2005). As our understanding of domestic violence grows, especially regarding coercive control, the complexities of this offence require a nuanced understanding that criminal justice professionals often lack (Bishop and Bettinson, 2017). This PhD proposes a theoretical contribution to the literature regarding how Magistrates make their decisions during domestic violence trials. Additionally, the PhD aims to identify the practical training improvements required for their role and preventing miscarriages of justice. Understanding Magisterial decision making is especially important in relation to domestic violence cases to ensure survivors achieve justice and are safeguarded, and that perpetrators do not evade it. This research could shape future training for Magistrates training as the lay Magistracy has suffered criticisms for this (Donovan et al, 2020).

Biography:

After three years of volunteering within the Magistrate’s Court, Jessica Crosbie observed multiple issues which developed into research interests. Firstly, in her undergraduate degree, she focused on the current diversity of Magistrates and the opinions of the public towards them. Secondly, through her master’s degree, she researched the phenomena of false guilty pleas and what influences individuals to plead guilty and falsely plead guilty. This project was awarded the ‘Best Dissertation Award’ and was published in the University of Leicester Library Archive. Finally, her current research focuses on Magistrates Decision Making. Jessica aims to combine her experience volunteering with the Witness Service with her more recent experience working as a domestic violence and sexual violence helpline case worker. This role has influenced her project as it aims to focus on their decision making in relation to domestic violence cases. Over the last year, she has dedicated a significant portion of her time to helping students across England and Wales through making a dissertation guide which has reached over 500,000 students. Additionally, she is passionate about the use of social media for activism and education having spent several months volunteering as a content creator for a page with 20,000 followers focused on sexual violence and feminism