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m →‎Emergency measures: per WP:HYPHEN, sub-subsection 3, points 3,4,5, replaced: legally- → legally using AWB
this is a clear case of disambig: all types are quite different and have articles
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'''Summary justice''' may refer to:
{{Unreferenced|date=January 2007}}
*[[Summary judgment]]
:''Not to be confused with formal proceedings of so-called [[Summary judgment]] (e.g. in United States courts, for civil matters where there is no dispute of material fact).''
*Handling of [[Summary offense]]s
'''Summary justice''' refers to the trial and punishment of suspected offenders without recourse to a more formal and protracted trial (for example a [[jury trial]]) under the legal system. It is also a term sometimes used to describe or justify [[vigilante|vigilantism]].
*[[Vigilantism]]
*[[Summary execution]]


{{disambig}}
==Vigilantism==
{{main|Vigilante}}
Outside the pursuit of the formal legal order, the term is sometimes applied to punishments awarded by unauthorized persons or groups (e.g., [[rebels]] or [[Insurgency|insurgents]], etc.). Such groups and vigilantes feel it is a vital weapon to uphold a specific social order.

Completely extra-legal 'justice' is called [[vigilante]] justice. The extreme, though the word is sometimes used by exaggeration for milder cases, is the [[Lynch mob]] or [[Posse comitatus (common law)|posse]], which [[Death penalty|executes]] a suspect without having any legal authority to judge at all.

==Emergency measures==
However, even the legal authorities themselves sometimes have recourse, especially if the legal and political system are weak on [[checks and balances]], to 'special courts', especially in regions and periods of increased insecurity, either in a legally controlled manner (emergency legislation, [[martial law]]) or improvised, as sometimes occurs in wartime or political power struggle.

==Summary jurisdiction in England and Wales==
{{further|summary offense}}

In England and Wales '''summary justice''' also refers to the system for trying and punishing offenders in the [[Magistrates' Court (England and Wales)|magistrates' court]]s.

For the purposes of jurisdiction, crimes are divided into 3 groups:
*Serious crimes must be heard in the [[Crown Court]], tried before [[judge]] and a [[jury]]. They are known as ''indictable-only offences''.
*Lesser crimes or ''summary offences'' (punishable by no more than six month's imprisonment in the case of an adult) can be heard by two or more [[lay magistrate]]s (or a legally qualified district judge) sitting without a jury. 95 percent of criminal cases in England and Wales are heard like this. The Crown Court may then hear an [[appeal]] against conviction or sentence. For this purpose the Crown Court does not include a jury, but consists of a Crown Court judge and two lay magistrates (who must not be the same magistrates who originally heard the case). The Crown Court does not examine the original decision but [[Trial de novo|simply rehears the case]].
*The third group can be tried before either court, and so are called ''either-way offences''. If the defendant pleads not guilty (or does not plead) then he is asked to choose which court he wants to be tried in. However if a summary court thinks an offender deserves more punishment than it is allowed to impose, crimes in this group can be referred to the Crown Court for trial and sentence. If the defendant pleads guilty then he can be sentenced in either court.

Generally juveniles are always tried summarily even if the maximum sentence is higher than six months, unless the crime is particularly serious or they are jointly charged with an adult. When tried summarily the maximum sentence is two years.

==See also==
{{columns-list|2|
* [[Assassination]]
* [[Death squad]]
* [[Drumhead court-martial]]
* [[Extrajudicial punishment]]
* [[Extraordinary rendition]]
* [[Kangaroo court]]
* [[Lynching]]
* [[Mobbing]]
* [[Outlaw]]
* [[Posse comitatus (common law)|Posse]]
* [[Strike breaking]]
* [[Summary execution]]
* [[Duel|Vendetta]]
* [[Vigilante]]
* [[Vigilantism]]
* [[Whitecapping]]
}}

{{DEFAULTSORT:Summary Justice}}
[[Category:Criminal law]]
[[Category:Human rights]]
[[Category:Abuse of the legal system]]

Revision as of 15:10, 4 July 2015

Summary justice may refer to: