Are lay magistrates useful?

Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.

What are the weaknesses of magistrates?

Disadvantages of Magistrates

• Not Representative. One of the main criticisms of magistrates is that they are not representative of society.
• Case Hardened. Magistrates may also become case hardened.
• Biased Towards Prosecution.
• Inconsistent.

Are magistrates competent?

As magistrates become more experienced they continue to undertake training to ensure they remain competent. They also receive specialist training in preparation for taking the chair in court, or for work in the family or youth court.

What are the strengths of the magistrates?

The perceived strengths of magistrates include awareness of “local needs”, “broad experience of life” with diverse perspectives, fact-finding, bail, and sentencing. However, often, three magistrates were needed to spend time in simple cases such as road traffic cases.

Are magistrates better than judges?

The research found that district judges handled cases more quickly than lay magistrates, due to their legal expertise and the fact that they sit alone and do not need to retire to consider a verdict or sentence.

Why are magistrates better than judges?

A widely perceived strength of magistrates was their greater connection with the local community as compared with District Judges, meaning that they were felt to be better placed to make judgments and dispense appropriate “local justice”. Other perceived strengths of magistrates relate to the concept of “fairness”.

What is a criticism of lay magistrates?

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 .

What are the disadvantages of using lay magistrates?

Disadvantages

• Lack legal knowledge as they haven’t really studied law in much depth as judges would have.
• Inconsistency in sentencing across the country, different areas for more or less the same offence will get different convictions and sentences.

What are the advantages of lay judges?

Another argument for lay judging is that lay judges give legitimacy to the system justice expresses a higher political quality if citizens participate. It is more easy – for the condemned and for the public – to accept a verdict if justice is administered by their peers, at least by equals in the sense of laypersons.

What are the advantages of lay people?

The Advantages & Disadvantages of Using Lay People in Criminal…

• Cost. Magistrates are Unpaid (Apart From Their Expenses)
• Local Knowledge. Local Knowledge is Invaluable in Understanding Where Offences Took Palace.
• Availability of Judges.
• Can Deal With The Issues That Arise.
• Public Confidence.

Why are magistrates not qualified?

You cannot be a magistrate if you have a job or role that means you could have a conflict of interest. If you’re applying to a criminal court, this includes most roles that have a link to the criminal justice system or prisons. For example, being a police or prison officer.

What percentage of crimes do magistrates deal with fully?

The less serious offences are handled entirely in the magistrates’ court, in fact more than 95% of all cases are dealt with in this way. More serious offences are transferred to the crown court, to be dealt with by a judge and jury. What does a magistrates’ court do?

What are the advantages of lay judges?

Another argument for lay judging is that lay judges give legitimacy to the system justice expresses a higher political quality if citizens participate. It is more easy – for the condemned and for the public – to accept a verdict if justice is administered by their peers, at least by equals in the sense of laypersons.

What is a criticism of lay magistrates?

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 .

What are the disadvantages of using lay magistrates in criminal cases?

Disadvantages

• Lack legal knowledge as they haven’t really studied law in much depth as judges would have.
• Inconsistency in sentencing across the country, different areas for more or less the same offence will get different convictions and sentences.

Why is it important for lay magistrates to reflect the communities they serve?

important that lay participants in criminal justice adequately reflect the communities which they serve: “If lay involvement is intended to reflect the parties “peers” or the general citizenry, then this accords a significant import to their representative composition.

What is the effectiveness of lay people?

To conclude the use of lay people in the law system is very effective. It saves time and money and also helps the general public to feel involved in the decision making process regarding law.

What are the advantages of lay people?

The Advantages & Disadvantages of Using Lay People in Criminal…

• Cost. Magistrates are Unpaid (Apart From Their Expenses)
• Local Knowledge. Local Knowledge is Invaluable in Understanding Where Offences Took Palace.
• Availability of Judges.
• Can Deal With The Issues That Arise.
• Public Confidence.