The Selection, Training and Role of Magistrates in the English Legal System
Lay magistrates are unqualified, part-time and unpaid profesionals who
are chosen to serve in the magistrates court, yet they deal with the
vast majority of cases in the legal system. They do not hear cases on
their own but sit as a bench or panel of two or three other
magistrates. The use of such unqualified people to judge cases is open
to criticism.
Magistrates sit in a magistrates court, usually in a bench of three.
The role of magistrates is to deal with a wide variety of cases. Their
main work is trying minor criminal cases, but they also have some
civil functions. They hear applications for licenses to sell alcohol
and dealing with community debts such a non-payment of the community
charge. They also deal with domestic jurisdiction such as adoption and
divorce. They also have bail hearings, issue warrants and commit
indictable offences, such as GBH to the Crown court.
All criminal offences begin in the magistrates court, 97% of all cases
are tried in this court. This shows that most offences in the country
are petty crimes. The magistrates court has the power to give 12 month
sentence and a fine up to £5000 to defendents and they also have some
civil responsibilities such as enforcement of council tax debts. They
have some work in the family courts panel, relating to breakdown of
marriages. They are responsible for granting licenses on alcohol,
gambling and entertainment. Some courts specialise in the Youth court,
were magistrates tri offenders aged 10-17 and protection orders in the
Family Court.
Lay magistrates provide a broad cross-section of society in the
justice system and promote fairness in the justice system. They are
said to be the backbone of the English Legal System. The majority of
magistrates are middle-aged Tory voters, though 49% of these are
women. They are people with local knowledge and so act in the
interests of justice with this. The lay magistrates are not legally
qualified but do a good job, as 1.
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
A magistrate is a judge who administrates the law and, in this case, uses Confucian and Legalist values, to enforce the combined principles. An effective magistrate is honest and fairly "decide[s] who is guilty and who is innocent (5)." A hard working judge, like Judge Dee, will find the criminal and continue to take cases on top
Each of the 159 counties in the state of Georgia has a magistrate court. Funded by the county, magistrate court has limited jurisdiction over civil matters such as county ordinance violations, check fraud, landlord/tenant disputes, and eviction proceedings. Criminal matters in which magistrate courts have jurisdiction include certain minor offenses, holding preliminary hearings, issuing warrants to law enforcement officials and in some cases setting bail for defendants. There are 159 Chief Magistrates that are either elected or appointed depending on the county. An additional 354 Magistrates that have been appointed by the Chief Magistrate serve...
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
changed in terms of its power of deciding cases. It has on the other hand
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The Analysis of Solicitors and Barristers 1) Describe the main differences between solicitors and barristers with regard to work and training. 2) Discuss the advantages and disadvantages of having a single legal profession. 1) Background The legal profession is largely middle class, partly due to the lack of funding for professional courses. In 1999, ethnic minorities formed 8.5% of the Bar and 5% of solicitors.