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Magistrates are “middle class, middle aged and middle minded” with the average age of a Magistrate being. 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 2 Disadvantages of Magistrates. Magistrates are not paid and are alone among judges in being subject to regular appraisal of their competence. 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 Magistrates is less formal and therefore less stressful. In Ancient Greece, the magistrates used slaves who were publicly owned as police officers. Being a solicitor is stressful. The average age is 45-65 and over 40% of Magistrates are retired. The defendant was accused of speeding the evidence was contradictory from the only witnesses. In addition, he may be ordered to pay something towards his defence costs. Disadvantages Magistrates are note a true cross representation of society . Magistrates are volunteers who hear cases in courts in their community. It is a court with more power to convict serious offenders compared to the smaller magistrate's court. 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. Whether you appear in the magistrates court for your offence largely depends on what you have been charged with. If the defendant is convicted he will be ordered to pay prosecution costs which are higher in the Crown Court. The office of justice of the peace has its … (1) If a magistrate's court, after conviction following on a plea of guilty but before sentence, is of the opinion-(a). 5. At National Debt Advisors (NDA) we care about your financial well-being. (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 As time off is needed, the magistrates do not get money for the time lost at work while working on cases. There are many alternatives to a jury one being … This was evident in the James Bulger trial where some jurors had to receive counselling after the trial. Tell us about some of the cases you saw when you visited the Magistrates' Court. 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. 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. 12. eleanor walker Disadvantages of the magistracy • Unfortunately, there is not a consistency in the sentencing as Magistrates are trained at a local level. Disadvantages of being tried in the Crown Court: The Magistrates would deal with things more quickly. A further reason as to the disadvantages of the jury system is that some trials can be very harrowing to the jurors. Am I likely to be tried by a jury or a magistrate? Bias can be an issue with using lay people. 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. 2.1.2 Usually Middle Aged. Cross-section of society. Each court’s jurisdiction covers specific types of cases in a geographic area. Reasons to become a barrister. 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. 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? - Magistrates may well be biased against activists belonging to on … 4. In federal, state and local court systems, American judges hear disputes involving questions involving cases ranging from constitutionality to speeding tickets. Their duties included making arrests, handling prisoners, and investigating crimes committed – similar to what a modern police officer is asked to do. 2.3 Case- Hardened & Biased. 1. 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. Gender Balance – Lay Magistrates come from a wider cross section of society than professional judges. Becoming a barrister is certainly prestigious. Lay magistrates provide a wider cross-section on the Bench than would be possible with the use of professional judges. - Magistrates are less likely to accept "political" defences than juries. The exact role of a magistrate within the legal system varies, depending on the nation which he or she serves. 2.1 Not Representative of Society. The single biggest advantage to consenting to having your matter heard by a magistrate judge is flexibility in scheduling. Today, in England and Wales, the word is used to describe a justice of the peace. Working as a lay magistrate can be daunting, which could lead to rushed decisions being made. 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; This is particularly true of women, with 50% of magistrates being women compared with 22% of judiciary overall. Discuss the disadvantages of using lay people in the criminal justice process Bias . 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). Effectiveness Of Magistrate 's And Jury System Advantages And Disadvantages 1256 Words | 6 Pages. . Disadvantages of the lay magistrate I think that the most predominant disadvantage is the stereotype that has been associated with the lay magistrate. What skills and qualities could you bring to the Magistracy? Magistrates (also called Justices of the Peace) are ordinary people who hear cases in court in their community. 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 The crown court system was created by the Courts Act of 1971. 2.2 Inconsistent in Sentencing. 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. . 2.1.1 Mostly White, Middle Class, Professional & Wealthy. 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. 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 … What would be the advantages/disadvantages to you of being a Magistrate? 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. List of the Disadvantages of Being a Police Officer. Magistrates can be criticised for bias towards police/prosecution, as shown by the Bingham Justices case. Some Advantages and Disadvantages of a Judge's Career. In particular there is greater gender balance with 49% of Lay Magistrates being female. 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. • 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. 2.3.1 Will Hear Similar Cases & Give the Same Sentence. Law school takes a minimum of three years to complete, if you're going full-time. 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. 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. 1. 12 people listening to facts without legal knowledge. They can hear cases in the criminal court, the family court, or both. Magistrates are volunteers so are relatively low cost and the Auld Review (2001) highlighted the low cost of advertising for example, only £35,000 compared to £4.7 million for the Territorial Army. 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. 6. 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. When you visited the Magistrates' Court, was there anything that caused you surprise/ disappointment? Each case is usually heard by 3 magistrates… ADVANTAGES OF MAGISTRATES . 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. Expense. A major disadvantage of an employee layoff is that it increases the work load of the other employees in the office. Magistrates' Courts disadvantages: - There's a much lower rate of being acquitted (found not guilty) than in Crown Court. 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