Discussing the advantages and disadvantages of lay magistrates As with any legal system the whole point is to give everyone a fair trail and this would, if it was from anyone's point of view that didn't live in the UK Magistrate derives from the Middle English word magistrat, denoting a "civil officer in charge of administrating laws" (c.1374); from the Old French magistrat; from the Latin magistratus, which derives from magister (master), from the root of magnus (great). - Magistrates are less likely to accept "political" defences than juries. (1) If a magistrate's court, after conviction following on a plea of guilty but before sentence, is of the opinion-(a). Working as a lay magistrate can be daunting, which could lead to rushed decisions being made. Magistrates are “middle class, middle aged and middle minded” with the average age of a Magistrate being. Disadvantages of being tried in the Crown Court: The Magistrates would deal with things more quickly. Magistrates are not paid and are alone among judges in being subject to regular appraisal of their competence. 2.1.2 Usually Middle Aged. system advantages and disadvantages You have been charged with an either way offence this means that you will get the choice as to whether you trial your case at the Magistrates or Crown Court. In addition, he may be ordered to pay something towards his defence costs. A major disadvantage of an employee layoff is that it increases the work load of the other employees in the office. ADVANTAGES OF MAGISTRATES . Whether you appear in the magistrates court for your offence largely depends on what you have been charged with. In some cases, for example, a magistrate is a judge who serves at a very high level, while in other instances a magistrate is simply a justice of the peace, charged with enforcing minor infractions. Part 3 – The magistrates selection process 28 Social awareness Magistrates must: appreciate and accept the need for the rule of law in society; display an understanding of wider social issues, such as the causes and effects of crime; and have respect for, and some understanding (to be developed through training) of people from different ethnic, cultural or social • As well as cost, magistrates are very quick and efficient, compared to the crown court which takes days or weeks, sometimes even months, to be completed. 2.3 Case- Hardened & Biased. This is particularly true of women, with 50% of magistrates being women compared with 22% of judiciary overall. This was evident in the James Bulger trial where some jurors had to receive counselling after the trial. Some Advantages and Disadvantages of a Judge's Career. What would be the advantages/disadvantages to you of being a Magistrate? The defendant was accused of speeding the evidence was contradictory from the only witnesses. Lay magistrates provide a wider cross-section on the Bench than would be possible with the use of professional judges. Becoming a barrister is certainly prestigious. If the defendant is convicted he will be ordered to pay prosecution costs which are higher in the Crown Court. As time off is needed, the magistrates do not get money for the time lost at work while working on cases. At National Debt Advisors (NDA) we care about your financial well-being. Gender Balance – Lay Magistrates come from a wider cross section of society than professional judges. Increasing the workload of the others means that their stress levels automatically increase causing them to come in for all kinds of health issues like heart disease and even high blood pressure. 2 Disadvantages of Magistrates. The crown court deals with serious criminal cases, indictments and appeals that may originate from the magistrate courts. The office of justice of the peace has its … 1. With long hours, a competitive jobs market, as well as a diverse range of clients, a solicitor’s role, at times, can be extremely stressful. Bias can be an issue with using lay people. Law school takes a minimum of three years to complete, if you're going full-time. Being a solicitor is stressful. List of the Disadvantages of Being a Police Officer. The final disadvantage is that there is inadequate compensation for loss of earnings, thus discouraging workers from applying to become magistrates. 2.1.2.1 5% of Magistrates Under 40. 4. 5. The Magistrates is less formal and therefore less stressful. Discuss the disadvantages of using lay people in the criminal justice process Bias . Their duties included making arrests, handling prisoners, and investigating crimes committed – similar to what a modern police officer is asked to do. Being tried by a magistrate and being tried by a jury are very different trial experiences, each with their own set of advantages and disadvantages. The single biggest advantage to consenting to having your matter heard by a magistrate judge is flexibility in scheduling. To avoid being hounded by debt collectors, make contact with your creditors to fill them in on your situation and they might be able to meet you halfway in solving your dilemma. Magistrates can be criticised for bias towards police/prosecution, as shown by the Bingham Justices case. - Magistrates may well be biased against activists belonging to on … Because the post of magistrate is voluntary and has a substantial training period of four years, it leads to the assumption that only middle class, white, retired males take up the post. Reasons to become a barrister. There are many alternatives to a jury one being … If you are charged with an either-way offence and the magistrates/District Judge accept that they can try the offence in the magistrates’ court, it is then up to you to either agree to have your trial in the magistrates’ court or to elect trial in the Crown Court. It is a court with more power to convict serious offenders compared to the smaller magistrate's court. Expense. When you visited the Magistrates' Court, was there anything that caused you surprise/ disappointment? The exact role of a magistrate within the legal system varies, depending on the nation which he or she serves. Each case is usually heard by 3 magistrates… Today, in England and Wales, the word is used to describe a justice of the peace. Tell us about some of the cases you saw when you visited the Magistrates' Court. 2.3.1 Will Hear Similar Cases & Give the Same Sentence. This is why we decided to compile a list of debt counselling advantages and disadvantages, giving you all the information you need to make a well-informed decision. A disadvantage for the use of lay magistrates is they are prosecution bias, meaning that they tend to believe the police services over the defence. They sit in benches of three, including two ‘wingers’ and one who sits in the centre who has received special training to act as chair, known as the Presiding Justice.All three magistrates contribute equally to the decision-making but the Presiding Justice speaks on … There are certain advantages and disadvantages of being trialed at a magistrates’ court in UK.Among the advantages of such a court, we mention: • the magistrates’ court in UK has the authority to impose higher sentences to the accused, for severe offences, which will most likely stop that individual from committing any illegalities in the future; Disadvantages of the lay magistrate I think that the most predominant disadvantage is the stereotype that has been associated with the lay magistrate. Before you get starry-eyed about the big salary and prestige you'll get from being a lawyer, make sure to weigh the personal disadvantages of pursuing this path. The crown court system was created by the Courts Act of 1971. (b) that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a magistrate's court; or In conclusion there are many advantages and disadvantages of both magistrates and juries, which are that there is public confidence, fair results without being bias and juries represent the public as a whole, this means that they are a fundamental part of a democratic society. In particular there is greater gender balance with 49% of Lay Magistrates being female. 12. eleanor walker Disadvantages of the magistracy • Unfortunately, there is not a consistency in the sentencing as Magistrates are trained at a local level. Pros: * Respected position * Decider instead of advocate * Help people resolve disputes from a different seat in the process and have a greater level of impact than the advocates. The average age is 45-65 and over 40% of Magistrates are retired. 1. Cross-section of society. A further reason as to the disadvantages of the jury system is that some trials can be very harrowing to the jurors. Each court’s jurisdiction covers specific types of cases in a geographic area. Disadvantages Magistrates are note a true cross representation of society . Magistrates' Courts disadvantages: - There's a much lower rate of being acquitted (found not guilty) than in Crown Court. Lack of Bias – Having a bench of three Magistrates helps to avoid bias and gives a balanced view. What are the potential advantages and disadvantages of jury trial? This is mostly for historical reasons with the Bar being seen as one of the few suitable career for upper class men in the 18th & 19th centuries.Due to the amount of training needed, high competition, and ability advocate before higher courts the profession has maintained this prestige to the current day. What skills and qualities could you bring to the Magistracy? In Ancient Greece, the magistrates used slaves who were publicly owned as police officers. In conclusion there are many advantages and disadvantages of both magistrates and juries, which are that there is public confidence, fair results without being bias and juries represent the public as a whole, this means that they are a fundamental part of a democratic society. Magistrates are volunteers who hear cases in courts in their community. Effectiveness Of Magistrate 's And Jury System Advantages And Disadvantages 1256 Words | 6 Pages. 2.1 Not Representative of Society. In federal, state and local court systems, American judges hear disputes involving questions involving cases ranging from constitutionality to speeding tickets. 6. 12 people listening to facts without legal knowledge. 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