They had very few powers to start with but by they had been duties such as control of weights and measures and responsibility of the highways. There is also the issue with the speed of it. Magistrates come from a ride range of backgrounds than professional judges and are much older then district judges.
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.
Throughout history law has been the domain of the rich and high class. 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.
Other disadvantages of having the jury service can be that they may be Advantages and the disadvantages of magistrates case of racial bias. Overall this means that the case will go to the crown court if either the magistrates or the defendant thinks it should. It may also be because they have been brought up in a middle class home that taught them that police where like a beacon of light so how could they ever lie.
The fine limit is and they can only sentence up to a 6 month jail term. When you take a glance at almost all of the cases they deal with this is perfectly adequate, but this means that if they are dealing with a case that involves anything above their power then they have to hand it up to a higher court.
On the other hand the disadvantage of magistrates is that there is a lot of media influence and there is also racial bias. He receives recommendations from local advisory commities. Does it not seem blatantly obvious that this is not the way to go forward in a modern society?
It is no different nowadays with the amazingly expensive training required to become a lawyer, barrister or anything else for that matter that means that you have to come from a wealthy background to get into the job.
Whereas for people who are well of, will be more inclined to as they wont have any worried about loss of money. Magistrates are often biased towards the police and are more likely to believe them than the suspect. Specially trained magistrates hear youth court proceedings.
Also it is cheaper to send cases to lay magistrates than using professional judges because they are cheaper and do their work voluntarily. The second idea would mean that from a young age people would understand and respect the laws that have been put upon them.
Look around the world, what other civilized country uses incompetent members of the public to enforce the laws? The cross section of ethnic minorities and women is wider with magistrates is greater than that of judges. Otherwise you have to put yourself forward for which you will need a lot of spare time.
This could be done in a number of different ways, for example there could be polls on which laws should be brought in or which everyone must take part in, or make law a mandatory subject in schools along with Maths and English.
Lay magistrates are not legally qualified and do not get paid, where as stipendiary magistrates are legally qualified and get paid for there job. So you need to be in a respectable position in a community or doing well in your job. 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.
There is always the complaint of how long legal cases take so people saying that the magistrates court is faster to many would sound like a great idea. It also helps to keep the law clearer as points have to be explained to the jury, enabling the defendant to understand the case more easily.
With some of the more complex cases magistrates need to know about the laws that are involved in the case.
I think this is because they feel more sentence minded than judges as they as a normal member of the public want someone to get the blame for a crime whereas a judge would just want justice to be served. The backbone of a good legal system is the understanding of law by the people it covers, and thus can only be achieved if the system is either very simple or they are involved in the making and implementing of the laws.
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.
Many magistrates are from a good gender balance; this can benefit them because they are able to understand males and females. The local commite will interview the candidates to see if they have the qualities that in their eyes a person in the position of Justice of the peace should have.
I can see where the idea came from and it is well intended but it is just useless in a modern legal system due to the complex laws and bylaws. But yet again I must point out that the time it takes is of the greatest of importance but for the fairness of the out come.
For many of the cases they hear it is simply a matter of deciding the punishment as for many of the cases they hear it is obvious who is guilty or the person will admit right at the start of the hearing to guilt or has already admitted guilt by post.
These are cases that include the like of theft, actual bodily harm and most drug offences.Advantages Provides a cross section of society Disadvantages Point-Explain-Evaluate-Starter Task Other advantages In pairs you need to apply P-E-E to the following advantages.
Apr 01, · Advantages and Disadvantages of Magistrates Legal Locomotive. Loading Unsubscribe from Legal Locomotive? Cancel Unsubscribe. Working. What are the advantages and disadvantages of 1) Magistrates are volunteers and therefore it is cheaper!
Why do we use magistrates? 1) Magistrates have no law qualifications What are the criticisms. \ Discussing the advantages and disadvantages of lay magistrates. Discussing the advantages and disadvantages of lay magistrates.
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.
Lay Magistrates and District Judges - Roles and Lay magistrates do not have It will assess both the advantages and disadvantages of both mechanisms and.Download