We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case. This was our first time visiting the court. The historical coach wood and jarrah timber within the structure of the courtroom represented authority and tradition. The high ceilings and the overall architecture instilled a sense of power and security. This was what we expected. We were excited to be in the midst of the rights, privileges and responsibilities of the Australian Judicial System. The court personnel present: Magistrate The Magistrates’ role was to hear the evidence of distinct cases, criminal or civil matters and decide whether the accused is guilty or not guilty to an offence as charged and decide the penalty that will be given to those that are found guilty or plead guilty to an offence. Moreover, the Magistrate determined whether a case should go to a different court or to adjourn the case to another date. The Bench Clerk The Clerk was performing various administrative tasks instructed by the Magistrate. Prior to the Magistrates’ arrival, The Clerk ensured that the courtroom was in order. As we sat down in the public gallery, he approached and asked if we had visited for observational purposes. His role also included examining and assembling legal documents and materials that were required for the proceedings to take place. In addition, the clerk reviewed and identified documents from each party before handing them over to the Magistrate. He was assisting in the
A magistrate is some one who is not paid or is qualified and is only seen in the magistrate’s court which oversees summary criminal cases (magistrate hears about 96% of all criminal cases).
The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other
My reactions to the courtroom observation is that the court house generates allot of money in fines and get the community allot of committee service. They are a lot more player in the courthouse then the book states. The bailiff and other officers that work in the court house are major players in the functions of the court house as well. The secretary is also very important she or he schedules continuing court dates and handles most of the paper work.
It was a gloomy Tuesday morning in Camden on March 18, 2014. Spring break had just began and the free time to do the court observation. The Superior Court of New Jersey had begun a civil action court case that was fairly controversial over how to distribute ones pension to their spouse when filing a divorce. When arriving upon the court house, the whole entire environment surrounding the court was very authoritarian. It seems that the court rooms and such are always located where most of the town’s governing takes place, whether it is just a municipal court, or the superior court just as this one. Before arriving, the presumption was that the court house would like every other court house, big building with large marble stone pillars in
Pass 4- Describe the role of lay people in criminal cases and Distinction 1- Evaluate the effectiveness of lay people in the English courts
Which court did you attend, and what kind of hearing did you observe? (2 marks)
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
* The author will determine courtroom groups, how the groups interact daily, and recommend changes to the groups. The author will also describe prosecutor roles and the cases he pursues. Finally, the author will elaborate on the funnel of criminal justice with the backlog among the courtroom group, the court system, give an example, and explain how to eliminate backlog cases.
Magistrates are volunteers who hear cases in courts in their community. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson
The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to
Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
The Magistrate was the key point of intersection between the Government and the people (von Sivers, Desnoyers, and Stow 362). The position brought a lot of responsibilities, with magistrates having charge of about 100,000 people in rural areas and up to 250,000 in urban areas (von Sivers, Desnoyers, and Stow 363). The Magistrate was described as the “Father and Mother of the People” because their responsibilities encompassed a myriad of responsibilities (von Sivers, Desnoyers, and Stow 363). The Scholar Gentry were at the top of the local structures of power and influence (von Sivers, Desnoyers, and Stow 363). Although membership was technically open to all males and females only about 1-2 of the population of a given area were in members of
Explain and critically consider the use of lay magistrates in the legal system of England and Wales.
In 2011, aged 17, I had the opportunity to visit the Bombay High Court’s 150-year anniversary celebrations. The Court’s legal history museum and open live court sessions provided me with my first direct interaction with the legal system in action. This exposure helped me understand the universal importance and impact of the law to any society. The ability of the law, lawyers and judges to always evolve, analyze and execute laws accurately and precisely, appealed to my impressionable mind. After this experience, there was little doubt in my career choice: I wanted to be a practicing legal professional.