P4- Describe the Role of Lay People in Criminal Cases Essay

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.

He or she will hear the case from both oppositions in the court and then the judge will decide if the person is guilty and convicted of a crime or if they’re innocent. If the person is found to be guilty, the magistrate has to decide what sentence they will give to the person who is been convicted of a crime. The Magistrate also has their own rights as well. In this case, the Magistrate was Judge Megan Latham. She made the decision of giving the offender Roger Dean a life imprisonment for murder, larceny and grievous bodily harm. She was also incharge for making sure that the people in the court wouldn’t go out of control and if so, she had shout out order for peace in the

Criminal justice practitioners are necessary for a civilized society. Without those who form boundaries to our freedom, and the ones that reinforce those laws, our community would be chaos. Some of the main social issues our society faces are drug abuse, gang violence, child abuse, and terrorism. The criminal justice practitioners face these types of issues daily. These professionals must act on the morals and laws stated by society rather than their own opinions, sometimes facing hard decisions. The criminal justice field is always active and busy, dealing with countless amount of criminal activity throughout the country.

The novel, Celebrated Cases of Judge Dee is set in China during the Tang Dynasty (618-907 CE). In Chang-Ping, the town located in the Province of Shantung, Judge Dee is a magistrate and the "father and mother" of the people. A Magistrate is a judge, detective, and a peacekeeper who captures criminals and is responsible for reprimanding them. The novel goes through three cases in which Judge Dee solves murders and punishes those responsible. As a Magistrate, you need to have knowledge of Legalism, Daoism, and Confucianism in order to excel. A magistrate has a lot of power which comes with a lot of responsibility and consequences. If a magistrate were to wrongfully execute someone, said magistrate would then be executed which is why the prestigious position requires a certain type. Judge Dee is that type, he is an excellent Magistrate because he has good judgment, knowledge of Confucian, Dao and legalist beliefs and is not afraid to take risks in finding the truth of a mystery.

Lay magistrates are people that deal with the vast majority of legal cases in the courts. They sit on a bench of two to three magistrates. They are part-time and unpaid, and also unqualified. They have to be aged between 18- 65 and sit 26 and a half days per year. You are unable to become a lay magistrate if you have a serious criminal conviction, undischarged bankruptcy and a member of the police or a

Magistrates because they are not paid, will have to take time off work to attend their duties. Now, in a business environment, an employer may be rather annoyed if an employee had to continuously take time off work to attend their duties and would thus be difficult for that employee-especially if they are not to be paid whilst they are away. This loss of earning may discourage a person from becoming a magistrate. Whereas, if a magistrate is an employer or a senior employee in the business, they will more easily be able to take time off work to attend court. This relates to how they will be middle-aged and middle-minded. The training process is said to have not been adequate or effective enough. They are not in trained in broader ways and therefore lacking full knowledge. A risk with the magistrates is that although they may be able to empathise with the defendant, they are prosecution minded and more likely to believe the police. They may also be heavily reliant upon the clerk when in reality, the clerk can only advise them on certain aspects and interpret difficult points of law. A major disadvantage is the fact that there are inconsistencies within the sentencing of defendants. A defendant in Leeds charged with the same offence as the defendant in Bristol may receive a more lenient sentence. Additionally, the workload of the magistrates is incredibly heavy and would be

The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the

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

In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.

Municipal Courts were created by the State Legislature and incorporated in each of the states’ cities. Larger cities have multiple Municipal Courts, the number depending on the city’s population and needs. Such courts have original jurisdiction over the enforcement of city ordinances. Moreover, Municipal Courts have concurrent jurisdiction, along with Justice of Peace Courts, in Class C misdemeanor cases originating within city limits. Municipal Courts have no jurisdiction over most civil matters and other functions include issuing search and arrest warrants.

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 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

In my opinion this system has both some strength and some weaknesses. There one glaring weakness in my opinion to transferring juveniles to adult court through judicial waiver. According to Kupchik (2006) transfer of

A magistrate forms part of the judiciary however they are unique in the sense that they do not get paid. Even though magistrates do not

Magistrates are similar to judges but very different to juries because magistrates give a verdict that is binding onto the defendant a power that is of a judge’s whereas the juries only "judge" based on the facts of the case and the evidence given as well as the balance of probabilities, which also applies to magistrates. This is possibly the only similarity between the two.