46 An argument against lay judges is that they are less efficient than the professionals, that the lack of legal training makes the trials longer than necessary. These courts are generally staffed by lay people who are appointed by a document called a Commission of the Peace. If a case is appealed from the Magistrates' Court to the Crown Court, who will hear the case? Not representative, bias, easily swayed, lack of skills, secrecy of deliberations, high acquittal rates in criminal trials, emotional impact on individual jurors, cost, time consuming, inability to assess damages in civil cases. A key advantage is cost. That's all changed. This image is to a certain extent true: Most magisrates are over 50. Also by doing a trial in Magistrates Court instead of Crown Court is much cheaper, so a lot of money can be saved. This research assessed the strengths and skills of magistrates and District Judges to inform better deployment of the judiciary in magistrates' courts. Drawn overwhelmingly from professional and managerial ranks. Plea bargaining is favored because it is a less resource-intensive alternative to trial that consistently frees up the court docket. The difference between the use of lay people in magistrates and crown courts are that in the magistrates court the lay people do the sentencing but in the crown court this is left up to the judge. The magistrates' courts normally deal with low severity cases and refer to them as summary offences. The making of law in decided cases offers opportunities for growth and legal development which can not provided by Parliament.The courts can more quickly lay down new principles, or extend old principles to meet novel circumstances. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. It is arguable that the criminal trial process of, on the one hand, the rules of evidence, which is require proof at trial, but on the other hand, the party prosecution have a detrimental effect on the capacity of the system to identify the truth. - Advantages and disadvantages of judicial precedent 13. This means that the majority of criminal causes are tried without a judge, whose salary would be over 100,000 a year. Plea bargaining, which is managed by state and federal prosecutors, is the process of offering criminal defendants dramatically reduced charges in exchange for a guilty plea. The jury system of a trial is an essential element of the democratic process. 47 And now, summing up the advantages and disadvantages of lay judges, we see a division between a political and a scientific argument. What are the advantages of having a case heard by a jury at Crown Court? They are called 'judicial-appointment . They arent representative of society because . Advantages And Disadvantages Of Lay Magistrates Essay received perfect results. Lay magistrates know the area. There are three types of criminal offences under UK law, which include: The Supreme Court, Role of the Supreme . 2 of 12. Emotional involvement. If a case is appealed from the Magistrates' Court to the Crown Court, what powers does the The tangible benefits of lay magistrates playing a part in the judicial process includes: Lay people have local knowledge which can be invaluable; They come from a wide range of careers bringing a variety of . The advantages of having jury service are that the legal system becomes more open and justice is seen to be done as members of the public aim to get fair results and they are made without bias. 14. Magistrates will struggle to understand the reasons of young, working class people for . Advantages And Disadvantages Of A Research Proposal, Free Resume Templates Basic, Essay Topic Of Overcoming The Fear Of Failure, Dissertation Hypothesis Editing Websites, Content Writer For Hire Us, Lay Magistrates Essay Writing, 5th Grade Comparative Essay Outline Advantages of Magistrates Cost Magistrates are Unpaid (Apart From Their Expenses) Saves 100m Approx. Another advantage is that instead of only having one magistrate (or judge) in a magistrates court three sit on a panel, so different views are brought across. However, the Lord Chancellor, who by section 10 Courts Act 2003 is responsible (on behalf and in the name of . Discuss the disadvantages of using lay people in the criminal justice process Bias . There is often significant delay, considering the quantity of cases going through the system and subsequent backlog that arises. Moreover, lay magistrates possess distinct tech-nocratic advantages as well as providing an important check on professional power. The verdict would be reached by both the judge and lay assessors. 33. Answer (1 of 5): Barristers tend to be seen as litigators, but that can be a small part of their job. 8 of 24. I Advantages And Disadvantages Of Lay Magistrates Essay had no time to compete my dissertation, but my friend recommended this website. A trial. They normally take their seat and attend legal proceedings as a Bench of two or three, because . advantages and disadvantages Advantages Democratic Government Control House of Lords Flexibility Disadvantages Government Control Slow Dated process, language and statistics Your Task . Discuss the disadvantages of using lay Magistrates in the criminal justice process. 2002; Crawford, 2004; Gibson and Cavadino, 2008). Cost. If you get to Crown then there is close to no-one working in that space as a. A judge and 2 lay assessors can also be used. This technique is used in most Scandinavian countries. Punishment. A criticism of Magistrates is that over time circumstances are not shocking, passing sentences is less of a big issue and cynicism develops this known as case hardening.The Prison Reform Trust Report on Sentencing (2010) highlighted the postcode lottery in terms of sentencing. A District Judge will sit alone in the Magistrates Court. They are legally qualified and will decide whether a person is guilty or not and decide what sentence they should receive. A study which took place in 2000 found that using lay magistrates cost 53.10 per hour, whereas using a district judge would cost 61.78 an hour. Whilst, the crown court deals with high severity cases and refers to them as indictable offences. When a dispute arises, the jury may look at only a small portion of all the evidence. Great public confidence in Magistrates; Disadvantages. Rigidity. They become case hardened and biased. Advantages And Disadvantages Of Lay Magistrates Essay received perfect results. Criticism of the jury system in criminal trial process has emphasised the high cost of juries to . File Type: ppt. Exam (elaborations) - Principles of . This means that magistrates need an element of legal training before undertaking their role, but this isn't true of juries. Juries are under no obligation to offer a decision based on facts. Lay Magistrates and District Judges - Roles and Advantages/Disadvantages 1790 . Over the years they were give many administrative duties, for example . Lastly, doctrine of stare decisis avoids mistakes. Economic considerations are also relevant and I contend that the relative financial merits of the lay magistracy, taken together with democratic arguments, Download File. They provide their services voluntarily but they are paid travelling expenses and not for the work they do. The traditional image of lay justices is that they are 'middle class, middle-aged and middle minded'. United kingdom PEARSON Business 2010 QCF . I Advantages And Disadvantages Of Lay Magistrates Essay had no time to compete my dissertation, but my friend recommended this website. It can be said from the outset that a number of issues arise, which arguably compromise their role to a certain extent. List of Advantages of Delegated Legislation. Due to the complexity or seriousness of cases handled by the crown court, the process may be lengthy. Also it is cheaper to send cases to lay magistrates than using professional judges because they are cheaper and do their work voluntarily. Lay magistrates are not legally qualified and do not get paid, where as stipendiary magistrates are legally qualified and get paid for there job. The Advantages and Disadvantages of Using Lay People in the Criminal Courts. they connect the judicial system to ordinary people. The advantages and disadvantages of using a jury to decide the outcome of a criminal case will also be considered. The first disadvantage arises from the fact that jurors are not required to explain the reasons behind their decisions. and later in the Roman empire, lay judging is the original form of rendering justice; justice was carried out by an assembly of all free men in ancient times . - Magistrates may well be biased against activists belonging to on-going campaigns that have caused . However there are many disadvantages. The second paper I ordered was a research report on history. . Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. . However, the use of the system of trial by jury is on the decline. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. The learning objectives for this series of worksheets are: -To study the selection and recruitment of magistrates in England and Wales. The advantages of lay magistrates are, that they are much more cost. dmocratisation of that process. Advantages Disadvantages Peace of mind that the estate administration will be dealt with properly in accordance with the law and best practice. On 4 April 2005, key aspects of the Criminal Justice Act 2003 (the Act)2 came into effect. 5. -To understand the responsibilities of a Magistrate. 6. what are the advantages and disadvantages of lay magistrates? The courts have some ways to move and avoid precedent but these are restricted. The use of magistrates means that although not everyone is represented most sections of the community around that are is represented and the feelings of that community are voiced though how the magistrates sentence different crimes. To be on a Jury you must be at aged between 18-70, registered to vote and a resident for at least 5 yearsin the UK. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Thus, it has recognized trust when common law had refused to, therefore highlighting equity's advantage over common law. evaluate the effectiveness of lay people in English courts Introduction 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 . The second paper I ordered was a research report on history. 53% are female as opposed to only 28% of judges being female 10% are of a ethnic minority as oppose to 5% of judges Less elite than judges Trial by peers rather than a paid professional. Advantages And Disadvantages Of A Research Proposal, Free Resume Templates Basic, Essay Topic Of Overcoming The Fear Of Failure, Dissertation Hypothesis Editing Websites, Content Writer For Hire Us, Lay Magistrates Essay Writing, 5th Grade Comparative Essay Outline in a magistrate court is much more cheaper and efficient than a trial. Magistrates must have six key qualities. Because juries are comprised of regular people, their combined knowledge of the law is usually less deep than the knowledge of a judge. Lay magistrates get paid a 'stipe' which is called a "stipend" thus the term stipendiary comes from. Magistrates' Courts tend to be less intimidating and easier to understand, influenced by the use of lay people, compared to Crown Court trials. They become very reliant on their legal adviser. 11. The UK has a rich and successful history of having lay people involved, as lay magistrates, in the judicial decision making of the courts. Despite the relative speed with which they handle cases, the cost model showed that District Judges are typically more costly per case (where key differences are controlled for) than magistrates in terms of the magistrates' court processing costs. In the UK, nearly all criminal cases will begin in magistrates' courts. 4% are under 40, 50% are over 60. This means the jury may come to a decision based on partial or even no evidence. Whilst there is some legal aid, often the cost of lawyers is such that many cannot afford their help, especially if a case has to go to the higher courts. 51% are women, 8% are ethnic minorities. 3) Being treated like employees. Disadvantages. R v R 1991 could only change when the case came to court, but for a long time people clearly did not . Prior to the Criminal Justice Act 2003 (CJA 2003) the Juries Act 1974 set out the eligibility and disqualification criteria for jurors. 1. The tangible benefits of lay magistrates playing a part in the judicial process includes: Lay people have local knowledge which can be invaluable; They come from a wide range of careers bringing a variety of . The downside is these people have no legal education. Click to see full answer. It keeps the courts out of the hands of a priestly class. . One of the biggest disadvantages of juries is that they are not required to consider all the facts. 1. Exam of 2 pages for the course Unit 23 - Aspects of the Legal System and Law-making Process at PEARSON (DISTINCTION GRADE) . Although they do not receive any remuneration, magistrates do receive expenses. advantages_disadvantages_lay_people.ppt. File Size: 53 kb. The report looks at the relative cost of using a DJ or lay Justices of the Peace, and despite the fact that the former earns a six-figure salary while the latter receive only expenses the . Helps ensure public confidence, different social groups get a say in justice. To become a lay magistrate you must be over 30. Decisions can be adapted and extended to reflect changes in society. are working for free and they also save the government money. Magistrates are unpaid, apart from their expenses. 12. -To evaluate the advantages and disadvantages of using lay people in the justice system. 1. This image is to a certain extent true: Most magisrates are over 50. Over 60% are professionals and 40% are retired. Lay Magistrates try 97% of all criminal cases and deal with hearings in 3% of the cases. Magistrates come from a ride range of backgrounds than professional judges and are much older then district judges. Local knowledge - community concerns and interests represented. Lay Magistrates and District Judges - Roles and Advantages/Disadvantages. This in turn will boost public confidence in the law enforcement system, as they will begin to believe that cases can be dealt with quickly and efficiently. Distinction Grade. In order to resolve the complexity and volume that the legislature needs to deal with, the power needs to be delegated to the executive branch. The goal of any justice system should be to create a level of legal fairness throughout society. Appeals and appellate courts -Questions Answer the following questions: 1. According to Wilkie, the "concept of trust has been the vehicle for much creative activity on the part of the courts of equity". Annually Local Knowledge Local Knowledge is Invaluable in Understanding Where Offences Took Palace In Crown Court Time Would Be Spent Explaining Locations Local Problems Can Be Taken Into Account When Sentencing Availability of Judges Magistrates under the age of 40 are still rare, making up only 4% of the magistracy. The study, published this week and carried out by Ipsos MORI, shows that district judges gave custodial sentences in 7% of cases, while lay benches used custody in 4% of cases. They are susceptible to bribes. Any member of the public aged between 18 and 65 can apply to become a lay magistrate, and as Crawford (2004) has Exam (elaborations) Letter; Adavantages and disadvantages of lay people. effective to administer justice than using juries for example, as they. One notable difference between common law and equitable rights is the concept of trust. They are inconstant with their sentencing. Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is eligible to serve as a magistrate and that includes blind people . I know that it is a time consuming job to write dissertations. District judges . Comparative costs of magistrates and District Judges . Disadvantages of the lay magistrate I think that the most predominant disadvantage is the stereotype that has been associated with the lay magistrate. 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. Even though there were professional judges in Ancient Greece 600 years B.C. They assist the Third, it also offers opportunity to develop the law. Judicial precedent offers the legal system access to consistency and predictability. I know that it is a time consuming job to write dissertations. in a crown court. Report is provided in the original 2011 . More representative of society than professional judges Local knowledge Cost Volunteers. To become a lay magistrate you must have a good character, maturity, social awareness and sound temperament. Download File. Furthermore, an advantage for the use of lay magistrates is that there are few successful appeals in a magistrate's court, which suggests that the system is working. Lay Magistrates - advantages and disadvantages Author: richard maurice ripley mapletoft Last modified by: M.Crump Created Date: 2/11/2007 11:44:26 AM . The UK has a rich and successful history of having lay people involved, as lay magistrates, in the judicial decision making of the courts. How are they more representative than judges? Magistrates' Courts disadvantages: - There's a much lower rate of being acquitted (found not guilty) than in Crown Court. This keeps some public contribution, yet loses the time and cost of using a jury: because of this, this method is thought of as the most adequate alternative. There are lots of overwhelming activities that the government should be concerned about. Lay involvement - public participation in the justice system; Local knowledge - community concerns and interests represented; Balanced view - a bench of three Magistrates provides a balanced view; Cost - they are volunteers and therefore relatively cheap, though do take longer to make decisions than professional judges; Disadvantages Read More Case Study 13.2 Lay members (Magistrates) have legal advisers within points of law and live locally as they have to live close so that they know the area well. Q. Magistrates. List of the Disadvantages of a Jury System. more representative of all sections of society than judges of lay mags; wide age limit - wide range of ages on jury; usually have wide social background - contrasts to judiciary juries being influenced media influence - (Taylor and Taylor); using internet to research case - (Karakaya); jury tampering - (Twomey) fraud trials There are advantages and disadvantages of using lay people in the criminal justice system. - Magistrates are less likely to accept "political" defences than juries. This means juries often reach verdicts not based on the hard, legal data surrounding the case, but on their emotional . To become a lay magistrate you must have English GCSE. These magistrates do not have qualifications in law and their suitability is based on their abilities and qualities. 10. . It attempts to secure fairness in the justice system. Lay magistrates allow unqualified individuals to represent the public in the legal process. Magistrates don't reflect the social makeup of Britain. Compared to the magistrate court, the crown court can hand down the maximum sentence and fines in any case it handles. The cross section of ethnic minorities and women is wider with magistrates is greater than that of judges. The traditional image of lay justices is that they are 'middle class, middle-aged and middle minded'. A major disadvantage of the crown court is the delays encountered. "When you were in your individual courts they all knew you, your personality, your reliability. The mid thirteenth century- the judicial side of their position had been developed. Sections 50-52 Tribunals, Courts and Enforcement Act 2007 set out new conditions of eligibility for judicial appointment. 1. Above are the slides on the Advantages and Disadvantages of Using Lay People in the Criminal Courts. So they will see similar cases and give the same sentence for them and also they become biased to what the police evidence says. they are unpaid so it is cheap. There are certain advantages and disadvantages to using lay magistrates. 2. eleanor walker Background to magistrates (history) 1195- Richard I appointed 'Keepers of Peace'. If a case comes up in court it can be changed if it is a bad outcome, but cases and precedent can only change when a case comes to court. Magistrates under the age of 40 are still rare, making up only 4% of the magistracy. An advantage of using lay magistrates is that the sentences they pass are very consistent. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. 1 of 12. What are the disadvantages of the jury system? Solicitors tend not to have rights of attendance in the higher courts which means Crown for crime and High for civil. Today there are significant numbers of persons who sit and run magistrates court in UK, as a part time job. By providing value to the concept of judicial precedent, then there is an element of consistency and predictability . 1361- the title of Justice of the peace was being used. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. The advantages and disadvantages of Magistrates The Magistrates' Court Qualification of Lay Magistrates Lay magistrates do not have to have any legal qualifications. 13. Start studying Advantages and Disadvantages of lay magistrates. 11.When you consider the pros and cons of lay judging and especially when you want to establish the arguments for lay judges you have start with the tradition. Found insideUnder Criminal Justice Act 2003, only those with mental illness are . Magistrates must give reasons given for decisions since the Human Rights Act 1998. They knew what they could get you to do and not to do. Each bench of lay magistrates has a salaried clerk, who is usually employed full time. D1 Evaluate the Effectiveness of Lay People in the English Courts - BTEC Law Unit 1. 2. They must show some specific personality traits that make them good people to judge others and pass sentence on their crimes. Drawn overwhelmingly from professional and managerial ranks. Disadvantages Of Lay Magistrates 731 Words | 3 Pages. Our fee charging basis varies from time to time but is [] This document thoroughly evaluates the advantages and disadvantages of Lay People in the English legal system. Not a 'trial by peers', contrary to trial by Juries - Magistrates convict about 90% of all cases; Some people argue that Magistrates are out of touch with the goings on in the poorer sections of society and that they do not understand certain implications of this District judges sit in the county and magistrate's court; an additional name for district judges is stipendiary judges. However, this essay looks to identify the disadvantages of using jurors in the criminal justice process. Saves Time for the Parliament. Discuss the advantages and disadvantages of using lay magistrates in the criminal justice system With 95% of all criminal cases being tried at Magistrate courts (G Slapper, D Kelly, The English Legal System 11th Edition P424), one could say that they act as a filter for Crown courts. BTEC Applied Law Unit 1 D1 - This is a very detailed evaluation of the use of Lay Magistrates and Jurors in the English Courts. Advantages & Disadvantages of the Jury System. Wards supply details of their estate administration fees as a matter of course where clients consider an appointment in their Will. This was mainly due to their salary costs. Magistrates are volunteers so are relatively low cost and the Auld Review (2001) highlighted the low cost of . A clerk must be legally qualified. List of the Advantages of Judicial Precedent. Because of this, some people refer to a jury as a "conscience vote" or a . Product Code:CIT/C8/WB/82. The disadvantages of using magistrates. Although this disadvantage doesn't occur as often today as it did in the past, the jury system isn't under an obligation to make a decision based on the facts of the case. The use of juries and lay magistrates offers an inclusive form of justice involving people without legal education passing judgement on fellow members of society. Lay magistrates usually sit alone in court. Trial by jury has a number of advantages, but also a few pitfalls.
advantages and disadvantages of lay magistrates uk
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