The Justices’clerk have two principal functions,the provision of advice to the magistracy and exercising judicial functions.(ALISDAIR GILLESPIE & SIOBHAN WEARE the ENGLISH LEGAL SYSTEM (6th Ed)(2017,OUP,Oxford)p.465) The usher is a visible sympol of the court and yet has no statutory or formal authority except when a jury retire,however,he is present throughout the trial.The usher assists the clerk in the smooth running of a trial and normally identifies which witnesses are within the court building .(ALISDAIR GILLESPIE & SIOBHAN WEARE the ENGLISH LEGAL SYSTEM(6th Ed)(2017,OUP,Oxford)p.487)
The two Magistrates were both elderly men in their early sixties.It could be easy for everyone to understand that the magistrates were native British, because of their strong accent and their characteristics.The two men seemed to be well rounded educated.They were respectful and moderate during the trial.
As far as I know, UK is a multicultural country. People all over the world, for example Europeans,Africans,Asians, people with special needs homosexuals etc. live in our society. Unfortunately, during my court visit, I noticed that these minorities have no place in the court .As I previously mentioned the two Magistrates were both native British men in a mature age.This is the reason why I deem that the Magistrates are not representative of the local community.I strongly believe, that the workforce of the court must be composed and by people who are coming from these minorities. It
During the Victorian Era, the court system played a prominent role in the lives of the people. Although not all directly felt the effects of the actions that took place in the courtroom, the courts and their decisions impacted the lives of everyone during the time. The Victorian Court System was very organized, and that organization shows its inspiration in modern courts. The Court System during the Victorian Era was a very prominent and organized part of society.
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 social composition of the judiciary does matter, the importance played on ensuring a diverse judiciary. Ensuring that a judiciary is diverse by way of equality act 2010 – Protects people from discrimination in the workplace and wider society. And Human Rights Act
When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law.
The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..
The Canadian court system, like anything made by man, has flaws. One of these flaws is the wrongful conviction of many men and women like David Milgaard and Steven Truscott. These innocent men spent years of their life behind bars because of the court system, serving the sentence for a crime they did not commit.
Describe the role of each of these people in the court. (8 marks, 4 marks each article)
Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.
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
On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The
Is our NSW court system effective? It is if you have money. Is it something that we can just adhere to with out ever allowing it to adapt and evolve to meet societies needs? Absolutely not. Just like humanity, the NSW court system contains protruding faults that are made apparent with further scrutiny. The court system is something that requires our constant attention and support to improve and advance. In order for the court system to attain eligibility it relies heavily on 4 fundamental components; affordability, simplicity, fairness and accessibility. For countless Australians our legal system is lacking on all these fronts.
The clerk otherwise known as the legal adivisor has to be qualified as a barrister or solicitor for at least five years. The clerk’s duty is to guide the magistrates on the question of law, practice and procedure. The clerk can not assist in the decision making and should not normally retire with the magistrates when they make their discisions. Clerks deal with ruotine admistrative matters such as issuing warrents for arrest, extend poilce bail, adhourn criminal procedings and deal with Early Adminisitrative Hearings. As lay magistrates perform an important role by being in charge over the vast majority of criminal cases, they enjoy the same advantage of immunity from suit as the rest of the judiciary as highlighted in Waltham Forest (1986) whereby the Court of Appeal held that
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.
Having a diverse bench is critical to having a successful criminal justice system. The United States court system follows a presumption of innocence, meaning those who enter a courtroom are presumed innocent until proven guilty. This presumption of innocence is not always found in the courtroom. Every courtroom actor, whether consciously or unconsciously, has a bias towards the defendant and may even presume guilt before the case begins. This is especially true when there is a white judge acting on cases involving a defendant who is a part of the minority. Judges who represent the minority are not only unbiased towards defendants of their own race, but they also bring new perspectives to the bench (Haire & Moyer, 2015). They present ideas, understandings, and