Effectiveness Of Magistrate 's And Jury System Advantages And Disadvantages

A principle of common law, is that courts are open for public observation (Government of Canada, 2015, para. 1). Because of this principle, people are able to watch the majority of the cases at the Canadian courts, wether they be in youth court, traffic court, criminal court, etc.. There is a lot to learn in a classroom, but there are some things you can only learn from real life experiences, such as observing court in action.

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case.

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).

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.

Pass 4- Describe the role of lay people in criminal cases and Distinction 1- Evaluate the effectiveness of lay people in the English courts

Lay people are extremely useful individuals within the civil and criminal courts within the English legal system. The most influential lay people are the Lay Magistrates and the Jury who have important roles with the legal system. Magistrates usually deal with most cases that are heard within the criminal system. They are the decision makers as to guilt or innocence making 97-99% of all cases while on the other hand 1% of cases are heard with a jury present. This shows us that those that are not legally qualified make most decisions regarding the criminal justice system, which means that they are ordinary people who hail

Throughout the United Kingdom Lay Magistrates are used within our courts and legal system in relation to sentencing criminals. They work within the Magistrates court dealing with summary offences, triable-either way offences and they also deal with starting off indictable offences which will then be sentenced in the Crown Court. Lay Magistrates come from local areas and when appearing at a court they would usually gather three Lay Magistrates. This is in order for the Lay Magistrates to come together in relation to making a final decision, towards making their final decision they are able to receive guidance from the court clerk

Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.

Judge Dee was considered the “Father and Mother Official.” Magistrates function as a judge, jury, prosecutor, and detective. He was the highest power in his district and was in charge of many things. He was in charge of the town, land administration, the tribunal, the bureau for the collection of taxes, the register office, and the public order in the district. Magistrates had to have great moral strength, intellectual power, and refined literati also trained on Chinese letter and arts. Without any of these skills, the magistrate would have failed his job. He would have barely gained any support since these skills were signs of a good leader. The Magistrates were almost miniature monarchs of their own lands. Even though whatever they say is not law, they are able to convict and torture people until they listen. Judge Dee took everything under his control form the detective work to sentences. He used lieutenants and constables to help out, but most work was done single-handedly. No one else I the district has more power than him. A few magistrates in the book even had their own private army for example; the magistrate in Turnip Pass had a garrison to protect the area from criminals. Magistrates are supposed to be truth-seeking men. Judge Dee is obviously truth seeking because he tries to see why the husband died in “The Strange Corpse” even though no one filed a complaint, he did this for righteousness, which is looked for in

Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:

Other cases that were observed through court visits further emphasised the nature of the judicial process in the Local Courts. The summary proceedings served in a number of cases to emphasise the triviality of the process. Cases involving minor offences such as traffic offences and petty theft were particularly trivial however other cases such as domestic violence and minor assault charges were not so inconsequential. They were of particular importance to the parties involved and it is thus important not to overgeneralise the process of the lower courts to being mere triviality. Whilst in the local courts there was an emphasis on speed and efficiency, this did not automatically mean that strict legality was disregarded. The importance placed on evidence and onus on the prosecutors in providing proof upheld important elements of the criminal justice system.

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.

William the Conqueror introduced the jury system into England in 1066 after the battle of Hastings. It wasn’t until the 14th century when their roll came to determiner of fact in a case.

Explain and critically consider the use of lay magistrates in the legal system of England and Wales.