Throughout this section of my assignment I will evaluate the effectiveness of Lay people within the courts. 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 …show more content…
These individuals do not have the qualifications in which other magistrates have which will require lay magistrates to receive basic training in order to process making decisions towards sentences. With their lack of knowledge this may result in - Lenient sentences given - Sentences not stable - Relying on the court clerk - Inconsistent sentences - Longer to analyse cases and come to a decision Inconsistency in sentencing is due to the lack of knowledge in which lay magistrates obtain and this creates a negative effect towards the court system. If sentences are inconsistent this means that the role of courts is not being completed effectively as they should be. Lay magistrates who are faced with offences may come to final decisions towards sentences which may not be acceptable, if an individual commits an offence they must receive a sentence which is a punishment towards their behaviour however with the lack of knowledge which the lay magistrate has, sentences may be inconsistent. Another aspect involving a lack of knowledge which affects the court system negatively due to lay magistrates is sentences being too light in comparison to the offence. Within the magistrates court they deal with summary offences and triable-either way offences in which they must work towards coming to an acceptable sentence, if a lay magistrates has a lack of experience comparing to the experience which qualified magistrates have this will result in sentences given being too lenient.
However when it is time to deliberate and come to an important verdict, these same people have a hard time making impartial and fair decisions because the many prior misconceptions that they possess. It is impossible for anyone to be completely impartial and fair, especially with inadequate knowledge of the law. It can take only one partial, and unfair person to change the whole outcome of the verdict.
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.
Lay people are people who don’t get paid and who are not qualified; they are volunteer’s, lay people in the law are the magistrate and the jury and I will be explaining their role and the advantages and disadvantages of having lay people get involved with the legal system.
Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.
There are many parts of the courtroom and the process of convicting a criminal. The courtroom work group has a major role in convicting and finalizing a case. In the courtroom work group, there are three groups of people that hold the entire courtroom together. Without the work group, the courtroom would not flow, and coming to a conclusion to the case would not be as easy. The work group is made up of the Judge, the Defense Counsel and the Prosecution. They work together to reach a result, in the case by staying in contact on a daily basis. There are many roles in the work group, and if they are not all followed through with then the results could be different than what they should be. In this paper, we will
Judges and magistrates must consider a wide variety of factors when determining a sentence for an offender. Primarily, the sentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences.
Pass 4- Describe the role of lay people in criminal cases and Distinction 1- Evaluate the effectiveness of lay people in the English courts
In this section I am going to evaluate the effectiveness of Lay people within the English Legal System.
Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal
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
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.
However, under further analysis, it becomes apparent that the verdict acts more as a deterrent rather than an upstanding legal configuration. The legal system, for the average person in New South Wales, is only a figure of authority that deters the individuals from breaking the law, which some may say is what it is there to do. Conversely, we need it to do more than that, we need it to properly meet our requests when we are involved in legal
The courtroom workgroup consists of the participants that work for the court. The workgroup is composed of the judge, prosecuting attorneys, defense attorneys, public defenders, and others
Magistrates ' Courts tend to be less intimidating and easier to understand, influenced by the use of lay people,