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Magistrate Court Essay
What is Magistrate Court?
Magistrate Court is the lowest of DeKalb's courts. If the court system was a hospital, Magistrate is
triage. Most all criminal cases start here from stealing a candy bar to murder. We do not see cases all
the way to the end.
What do we do?
We issue warrants and review bond. We can only do three things on a hearing: dismissed cases, reset
cases or bind over cases. (Bind over means send the case to a higher court to finish them out) We do
not determine if someone is guilty or non–guilty.
What is a first appearance hearing?
At a first appearance hearing, the judge reads the charges that the inmates are being held on. Bonds
that were set at the time the warrant was issued are read. (This is mostly misdemeanor
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The Stranger by Albert Camus
The Stranger was a fascinating book with a simple plot revolving around an average man. The
protagonist and first person narrator was a man by the name of Meursault, a French man with little
to no personal feeling about anything. He went about his life like an empty husk, shifting from one
place to another. He felt no grief, sadness or even regret after his mother died; he only felt the
physical inconvenience of sitting through the funeral and the heat of the sun during the funeral
procession to the cemetery. Before and after the funeral, he more or less wandered with no direction.
He went to work and performed day to day activities with the same apathetic disregard. He
eventually went to a gathering down at the beach where he murdered a man that had been following
his friend. He is sent to prison for the murder where he maintains the same detached indifference
that he exhibited during the funeral. The lawyers hoped that he would plead self–defense, but he
simply related the facts and nothing more in his own defense.
The book did a particularly good job of describing Meursault in a way that gave no real insight into
his persona, yet let us know what he was like on an outside appearance. The rest of the characters
were described in a manner that showed their personalities beneath the skin, a rather satisfying way
of making a side character slightly more important than just being there for the sake of being there.
The book also did a wonderful job of opening up the
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Hearing Trial And Criminal Justice
In Philadelphia, just blocks from where, both, the United States Declaration of Independence and
Constitution were debated and ratified, sits the Juanita Kidd Stout Center for Criminal Justice
(hereinafter C.J.C.). Unfortunately, somehow in those few blocks, or many years, our sense of
justice and fairness were lost.
On Friday, March 23, 2017, I observed activities at the C.J.C. from 8:05 a.m. till 12:30 p.m. I had
opportunities to view Magistrate Rice preside over bail hearings, Judge Thomas Gerhet preside over
a trial and conduct 'Drug Court' progress hearings, and Judge Frank Palumbo conduct probation
hearings. Although, I witnessed over 26 different hearings, due to assignment constraints this paper
will focus largely on one case and ... Show more content on Helpwriting.net ...
I apologized and informed her I was a student from Kline.
Subsequently, the public defender returned her attention to the current case before the court, where a
defendant, Ms. Alias, was accused of aggravated assault, simple assault, and conspiracy. Alias lives
with her ex–girlfriend, the complainant. The magistrate talked with Alias and then said "$5000
S.O.B." and ordered her to stay away from the complainant and the house they share. Immediately,
Alias complained, but not about the money or that she did not understand "S.O.B.". Sadly, Alias
exclaimed, "my children live there"! After talking with Alias, the magistrate told the prosecutor, "I
am going to do this my way," noting that the three young children need their mother and to be in
their home. The prosecutor immediately picked up the phone, to which the judge responded, "I don't
care if you are going to appeal." The prosecutor then told the officers to "hold the defendant pending
appeal by the district attorney's office." The magistrate called the next case. A few minutes later, the
prosecutor interrupted the magistrate to say, "no appeal will be file." Alias was then brought back on
the C.C.T.V. and informed that she could return to her home, but was not to talk or have physical
contact with the complainant.
I appreciated the magistrate's concern for the defendant's children, but was
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The Work of the Magistrates Court and Magistrates Essays
The Work of the Magistrates Court and Magistrates
In the legal system there are many different types of courts. This essay talks about the Magistrates
Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when
Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th
century and the term, justice of the peace was being used as far back as 1361. Magistrates were in
charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they
have had to be legally qualified since the mid 19th century, when it was decided they must be
barristers.
Lay magistrates in England and Wales, except in ... Show more content on Helpwriting.net ...
There are five key qualities that are looked for in those applying to be magistrates, these are,
understanding and communication, sound judgement and commitment, maturity and sound
temperament, social awareness and reliability. They must also possess a good character and personal
integrity.
Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at
least once. If an applicant is employed, they must establish with their employer that they will be
allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate.
Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they
will receive training before and after their appointment. Also a court clerk always sits with the bench
to advise them on relevant aspects of the law.
Three magistrates sit at each case and there is no jury. The three magistrates are referred to as 'the
bench'. One of these magistrates is called the chair and will always speak for the bench. The
magistrates will hear issues on fact and law and then decide the final verdict and sentence.
A magistrate must live in the local area of the court they would like to be considered
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What Are The Disadvantages Of Lay People In The English...
Effectiveness of lay element
The effect of a lay person being part of the legal system is that it creates a positive reputation for the
court. This is because lay people are not chosen because of their qualifications; they are chosen
randomly to come up with a verdict for the defendant. Having lay people in the legal system enable
the court to have a wider variety of opinion given by the community. This scheme allows associates
of the community to become a lay person (magistrates/jury). There are many advantages as well as
disadvantages of using lay personnel in court. An example of an advantages of using a lay person in
the English legal system is that the legal system saves millions of pounds due to the fact that lay
personnel's do not receives salaries but expenses. Another advantage is that lay personnel are an
example of community involvement. This means that the legal ... Show more content on
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This encourages an open system of justice. Having lay personnel's in the legal systems may have its
advantages, but it also comes with disadvantages. A clear example of a disadvantage of using both
lay magistrates' and jurors in the legal system is that racial, cultural, sexual bias has come in the way
and depending on the research, it has shown that this influences the verdict made in the courtroom.
They are not provided with maximum training and juries on the other hand do not get any sort of
training which can be lead to lay people being acknowledged as the second class justice.
Role of jury in criminal cases/problem
In the legal system a jury's role is vital as the jury system has been the key of social equality. The
importance of the jurors in England is to
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Essay about Role of Magistrates & Jury in England & Wales
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision–
making process. It will assess both the advantages and disadvantages of both mechanisms and give
an opinion on the contribution they make in the process.
The role of a lay magistrate is one that is at the core of the legal system in England & Wales.
They help maintain the foundation of the criminal justice system and deal with approximately 98%
of all criminal matters. The sheer volume of cases that they deal with has helped earned them the
title of the workhorses of the criminal justice system.
A magistrate forms part of the judiciary however they are unique in the sense that they do not get
paid. Even though magistrates do not ... Show more content on Helpwriting.net ...
The aforementioned lack of legal expertise was felt and cased in 'The Magistrates Tale' where T,
Grove recounts from personal experience that even after 80 sittings he still felt like a novice. T
Grove is an ardent cheerleader for the use of magistrates and his passages reflect that as a magistrate
is drawn from the local community there is a sense that people are being judged by their peers. John
Humphreys shares this opinion and has been cited as stating that 'if the people sitting up the on the
bench are people like us.....then we may be more likely to feel that we have been fairly judged'. Not
all aspects of society share this opinion; anecdotal evidence shows that defendants show mistrust in
the magistracy as when faced with the option to be tried by the magistrate or a jury a favour is
shown toward the jury. This mistrust can be based on the impression of the magistrate by the
common man. Even though it is desired that the magistrate represent a cross section of society the
majority of magistrates are middle aged, middle class, white men. The mistrust however could also
be down to a misplaced view that magistrates begin to become sceptical of lines of defence, that
they start to recognises defendants traits and in turn show bias to similar defendants, they become
'case hardened'. However this can be counteracted with the fact that a magistrate is
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Speech On Becoming A Judge
Becoming a Judge
Have you ever thought about becoming a judge? There are many reasons why becoming a judge is a
great idea, reasons such as helping communities by taking bad people off the street and make people
in that area feel safe about being home and having fun in their neighborhood or community.
Although the judges we have now does not do the best they could at making decisions in court,
instead they take the innocent people instead of the guilty people, which makes the guilty people get
away with things they are not supposed to get away with such as killing people robbing banks,
stores, and houses and making the innocent people suffer and not live their life like they deserve to.
As a matter of fact one can become a judge and make better decisions than the judges that people
have now. Being a Judge can be beneficial to society as well as one who pursues this career.
Being a judge can be beneficial to society. Judges provide information about the justice system so
they feel confident and safe in their communities and homes ("Q&A with U.S magistrate Judge
Aaron Goodstein"). In order to be a judge you will need a bachelor's degree or a doctoral or
professional degree. There are many responsibilities and duties of a judge. First you have to apply
law by overseeing the legal process, resolve administrative disputes, facilitate negotiations between
opposing parties, and finally issue legal decisions (Bureau of labor statistics). Judges are projected
to grow 5% from 2016 to
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Unit 23
Unit 23 – D1
In this section I am going to evaluate the effectiveness of Lay people within the English Legal
System.
Lay people are extremely useful individuals within the civil and criminal courts within the English
legal system. The most influential lay people are the Lay Magistrates and the Jury who have
important roles with the legal system. Magistrates usually deal with most cases that are heard within
the criminal system. They are the decision makers as to guilt or innocence making 97–99% of all
cases while on the other hand 1% of cases are heard with a jury present. This shows us that those
that are not legally qualified make most decisions regarding the criminal justice system, which
means that they are ordinary people who hail ... Show more content on Helpwriting.net ...
Magistrates because they are not paid, will have to take time off work to attend their duties. Now, in
a business environment, an employer may be rather annoyed if an employee had to continuously
take time off work to attend their duties and would thus be difficult for that employee–especially if
they are not to be paid whilst they are away. This loss of earning may discourage a person from
becoming a magistrate. Whereas, if a magistrate is an employer or a senior employee in the
business, they will more easily be able to take time off work to attend court. This relates to how they
will be middle–aged and middle–minded. The training process is said to have not been adequate or
effective enough. They are not in trained in broader ways and therefore lacking full knowledge. A
risk with the magistrates is that although they may be able to empathise with the defendant, they are
prosecution minded and more likely to believe the police. They may also be heavily reliant upon the
clerk when in reality, the clerk can only advise them on certain aspects and interpret difficult points
of law. A major disadvantage is the fact that there are inconsistencies within the sentencing of
defendants. A defendant in Leeds charged with the same offence as the defendant in Bristol may
receive a more lenient sentence. Additionally, the workload of the magistrates is incredibly heavy
and would be
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Inherit The Wind Essay
Inherit the Wind
The main theme of Inherit the Wind by Jerome Lawrence and Robert E. Lee is taking a stand. The
play begins in Hillsboro, Tennessee when a man named Bertram Cates breaks the law by teaching
the forbidden Darwin's Theory. The most famous orators of the time, Matthew
Harrison Brady and Henry Drummond came to this small religious town of Hillsboro. Brady is
prosecuting against Cates and Drummond is defending him. After days of battle, the verdict is
finally ... Show more content on Helpwriting.net ...
Brady did not know how much Drummond knew about the Bible but instead he believed all the
rumors he heard about
Drummond be agnostic.
Brady thought everything in the Bible should be taken literally and Drummond knew that.
That is why he asked questions that were impossible to answer. Brady was a very self–centered man
and thought that he would shut Drummond down with his answers. He was wrong.
– 2 –
Everything he thought was wrong except for one thing: the interests of Right and Justice was served
for Bertram Cates. Many more things could have happened to Brady for taking the stand. Some
things that did happen were that people began to side with Drummond and Cates.
Brady began to have a nervous breakdown because he knew that Drummond got the better of him. It
is too bad, I thought that Drummond would have won the case. That is not what happened though.
Brady won and Bertram Cates was found guilty and fined $100.00 which was soon to be changed to
$500.00 due to Drummond and Cates' actions and attitudes toward the judge. The trial's turning
point was when Brady took the stand. I believe that was a horrible decision because if Brady never
took the stand many people would still see his side. I do not think that what
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Solicitors Within Criminal Cases ( P3 )
Solicitors in Criminal Cases:
A solicitor is a lawyer who deals directly with clients by giving legal advice as well as preparing
legal documents and if necessary advocating in court. Solicitors are generally found in firms in
towns and cities and therefore are easily accessible to all.
A solicitor needs to get all key details from the client before a bail hearing. Solicitors undertaking
criminal cases are also able to represent in court under the Solicitors Higher Rights of Audience
Regulations Act 2010. Barristers in Criminal Cases:
Barristers are trained to advise clients on the strengths and weaknesses of their cases and to act as
advocates. Barristers represent their clients in court, primarily the higher courts, to prove their
innocence or to get the best sentence for their clients. The barrister in question will do legal
research, cross examine witnesses, hold case conferences and write an opinion on the case for their
client.
Explain the role of judges and lawyers in civil cases (P3)
Solicitors in Civil Cases
Solicitors in civil cases do a similar job as one of a solicitor in a criminal case. A solicitor in a civil
case can still, given they have the qualification, represent their client in court. The solicitor will still
complete legal documents, advise clients, collaborate with barristers and find witnesses. They may
also undertake:
Conveyancing ¬(7"the branch of law concerned with the preparation of documents for the
conveyance of property.")
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Apprenticeship in Jamaica: Was It Successful?
Cherelle Fox
His 272
Mr. Chris Curry
Apprenticeship in Jamaica: Was it successful?
The Emancipation of the British West Indies was anticipated as early as 1787, but was not achieved
until the Abolition Act of 1833. However, in 1833 emancipation was not as complete as these words
would suggest, as there were clauses in the Act about an Apprenticeship system which delayed
complete emancipation until 1838. The Apprenticeship system was originally applied to the plan
instituted in the interval between slavery and emancipation to prepare the slaves to assume the
duties of freemen. The new law freed immediately those slaves under the age of six years old;
however older slaves were to be 'apprenticed' for up to eight years. There were ... Show more
content on Helpwriting.net ...
The planters in Jamaica almost immediately adopted an 'eight hours a day schedule', which meant
that apprentices had little time to cultivate their provision grounds, since Saturday was their market
day and the fact that they were not allowed to cultivate their grounds on Sunday. The apprentices in
Jamaica were unable to negotiate with their former masters about days that they can cultivate which
further fuelled their animosity towards the Apprenticeship system and the planters. Historians
Beckles and Sheppard had suggested that this not only inconvenienced the apprentices but also
"prevented them from pursing alternate occupations to working on estates. The apprentices were
kept dependant on the estates for their livelihood so that when full freedom came they would have
been accustomed to look to the estates for their earnings".
Furthermore, the apprentices also had to confront corrupted magistrates who often sympathized with
the planters rather than the ex slaves. Most stipendiary magistrates were often poor white men from
England who lacked wealth, power and prestige unlike most planters in the British Caribbean. As a
result of this, they were often bribed and manipulated by the planters. Moreover, it was clear that the
role of the stipendiary magistrates was to adjudicate disputes between the apprentices and their
former owners, but the magistrates were sometimes obstructed by the reluctance of apprentices to
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Magistrates Court Research Paper
Criminal Courts
Magistrates Court:
Purpose:
The Magistrates court deals with minor offences such as drunk and disorderly, speeding, anti–social
behaviour etc. In a magistrates court the offender can only be sentenced with up to 6 months for a
single crime and up to 12 months for more than one crime. They can also give the offender to
community service or issue a £5000 fine. Some offences can be Triable Either Way for example
theft and assault causing actual bodily harm; this means either the Magistrates or Crown Court can
hear them. This decision comes down to a Mode of Trial hearing.
There are over 400 magistrate courts. Other examples of cases heard at a magistrates court are:
Enforcing council tax demands, debts to utilities, non–payment of TV licences and issuing warrants
of entry
Family cases, ... Show more content on Helpwriting.net ...
If an appeal is made after the Crown Court it will follow to the Court of Appeal, however
permission has to be given to the defence to appeal and the prosecution can only appeal based on a
point of law. Points of law include:
Jury being nobbled (attempt to influence the jury's decision)
Judge confusing the jury
Fresh evidence that was not available during the trial
Personnel:
In a Crown Court there is a Judge, and jury present as well as the prosecution and defence. The jury
of 12 randomly selected strangers decides the verdict of guilty or not guilty and the Judge then
decides the sentence.
Personnel roles for a Criminal case:
The Judge in a criminal case will:
Swear in the jury and tell the jury of their roles and warn them about discussing the case with
anyone who is not a juror outside of the court
They will manage the case making sure the correct procedures of evidence are followed
Make sure witnesses are not bullied
Ensure the case is proceeding in an efficient manner
Sum up for the jury any questions they may have and send them to
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Magistrates Court Cases
Magistrate's court All criminal cases start in a magistrates' court. Cases are heard by either having 2
or 3 magistrates or a district judge. There isn't a jury in a magistrates' court. Cases that the
magistrate's court deal with include: most motoring offences, minor criminal damage, and being
drunk and disorderly in a public area. They also deal with burglary offences and drug offences.
Courts always pass cases that are more serious like rape, murder, and robbery which are known as
'indictable offences'. The courts can keep people in custody or grant bail. In some cases, magistrates
can keep people in bail either in court cells or police cells. They can also grant bail on strict
conditions like not being able to go out past a certain time
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Magistrate Judgment Analysis
For this assignment while wanting to focus more on crimes committed by a courtroom actor, I will
instead write about the less known, but no less important appointment of a new magistrate judge for
the Sothern district of Indiana. While to most the hiring of a magistrate judge does not sound like a
big deal, but to law students who can recognize the importance of magistrate judges can appreciate
the importance of this article.
The article begins with the Chief Judge of the United States District Court for the Southern District
of Indiana, Richard L. Young, appointing Matthew P. Brookman, an Evansville attorney as a United
States Magistrate Judge. After passing a standard Federal Bureau of Investigation background check
which can take up to
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The City State Of Zamon Dor
Set into the towering side of Mt.Momentum, the city–state of Zamon–Dor dwarfed the surrounding
duchies and townships. Zamon–Dor was the land of inventions and innovations; there was nothing
its tinkerers could not think up, nothing its architects could not build. Clockwork and its
mechanisms made the city what it was; they offered all sorts of comforts that other nations could
only dream of. The city itself was alive with the hustle and bustle of daily life: men could be heard
talking, women laughing, and children playing, all set to the sound of a soft mechanical whirring as
Zamon–Dors inventions were alive in all aspects of life. People wore artisanal watches, others rode
on clockwork bicycles, and the city gleamed and sparkled during ... Show more content on
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The garden was small, but this is where the timewalker spent most of her life.
The lush green of the palace gardens offered a much needed juxtaposition against the sea of
machines outside of the garden walls. There were no birds or insects to be seen, as neither existed in
Zamon–Dor, and so there was only the sound of the wind as it rustled the leaves of the great tree in
the middle of the garden. This was where Kali, the palace timewalker, came every day from mid–
morning to just before dusk. Kali was the definition of serenity, her appearance was that of an older
child, aged anywhere between thirteen to sixteen. Her skin was fair, with jet black hair and steely
eyes that could pierce through even the toughest of men.
Sir Kairos, a member of the consulship and Kali's overseer, was a short, stout man who was half
bald. Despite his aged appearance, he had a silver tongue, with honeyed words dripping with power.
He was one of the few who was given his position, rather than being born into it.
"Kali, oh Kali dearest," Kairos said in a singsong voice, poking his head through the garden gate and
cutting the silence, "I need to see you, very important business. Orders from the Chief Magistrate
himself! And you know how he gets when he's kept waiting." With that, Kairos departed, surely to
attend to the very important matter of deciding what outfit would best please the Chief Magistrate.
Kali silently stood and began down the corridor
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The Role and Powers of Lay Magistrates in Criminal Cases...
The Role and Powers of Lay Magistrates in Criminal Cases
1a) Describe the role and powers of lay magistrates in criminal cases.
b) Consider whether lay magistrates are adequately trained for their work.
1a) Describe the role and powers of lay magistrates in criminal cases.
For centuries the criminal justice system has allowed lay people; people who are not legally
qualified to administer justice to the civilian population. Lay magistrates are otherwise known as
Justices of the Peace. Lay magistrates work is mainly connected to criminal cases although they also
deal with some civil matters, especially family cases. Firstly, it is to be noted that lay magistrates
only perform their duties ... Show more content on Helpwriting.net ...
Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay
magistrates may authorise search and arrest warrants, but mainly their functions are performed as a
bench of three. This may include hearing applications for bail or be in charge of committal
proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under
the advice of the justice's clerk.
The clerk otherwise known as the legal adivisor has to be qualified as a barrister or solicitor for at
least five years. The clerk's duty is to guide the magistrates on the question of law, practice and
procedure. The clerk can not assist in the decision making and should not normally retire with the
magistrates when they make their discisions. Clerks deal with ruotine admistrative matters such as
issuing warrents for arrest, extend poilce bail, adhourn criminal procedings and deal with Early
Adminisitrative Hearings.
As lay magistrates perform an important role by being in charge over the vast majority of criminal
cases, they enjoy the same advantage of immunity from suit as the rest of the judiciary as
highlighted in Waltham Forest (1986) whereby the Court of Appeal held that a
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Disadvantages Of Lay Magistrates
Lay magistrate, are normal people, who have no law skills and are under qualified people that give
necessary verdicts in magistrates courts. They have been named as lay magistrates so that they can
be distinguished from a qualified magistrate. The magistrate's courts have been introduced centuries
ago. Today there are significant numbers of persons who sit and run magistrates court in UK, as a
part time job. They normally take their seat and attend legal proceedings as a Bench of two or three,
because if only one magistrate will sit he will have constrained functionality in carrying out his
work. Each magistrates sitting in the court carry out a specific function as assigned to them, they
deal with criminal and civil proceedings, and they also sit in primary the opening of criminal cases.
Moreover the magistrates also consider requisitions of applications which have been rejected by
local authority and give them legal permits .However the training, background and appointment of
lay magistrates differ from that of magistrates.
In England and Wales lay magistrates are delegated by the Lord Chancellor on the part of the
monarch and effectively upon the counsel of local advisory committees. They are crossed examined
by local government, labor unions, chambers ... Show more content on Helpwriting.net ...
The first training consists of foremost fundamental principles and they sit with a couple of
magistrates in court to assist them and they get some special mentoring classes for proper guidance.
As a part of their training they also visit lockups and also receive a workbook for more personal
study. Moreover their Training is strengthened by an evaluation of 12 – 18 months after
appointment, when a distinctively qualified Magistrate audit will sit as member of the bench
examine their potential and proficiency. Their training is a continuous one is intended keep
magistrates advanced and supervise their development
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Essay about forum3
1 .Explain how "the desire to win" can lead a prosecutor to pursue a case that should be dropped or
choose to not disclose evidence that would exonerate a defendant. How does the
organizational/occupational culture affect their motivations?
The prosecutor's interest in the prosecution is to win, and for the unscrupulous, unethical prosecutor
to win regardless of the guilt or innocence of the accused. The prosecutor's career path could be
injured by failing to win, showing the lack of skill as a prosecutor for a lost criminal case, or poor
professional judgment in obtaining an indictment which later was dismissed. The prosecutor's career
path is enhanced by being, and being known as the "winner", which enables the prosecutor to get
more ... Show more content on Helpwriting.net ...
When the prosecutor responds to the announced wishes of the major media, the prosecutor is
rewarded with favorable publicity. But when the prosecutor fails to do the medium's bidding, the
prosecutor can expect to receive little or no publicity, which will put the prosecutor's career in a
terminal, downward tailspin.
Give a real life example of prosecutor misconduct and indicate briefly how/if that prosecutor was
punished?
In 1987 in Texas, a prosecutor was faced with this dilemma. Michael Morton was convicted of
murdering his wife based on circumstantial evidence. Morton's defense attorney was never told
about, or given access to, the police report in which Morton's three year old son had told police that
his daddy had not killed his mommy. After serving 25 years for murdering his wife, Morton was
exonerated after attorneys were finally given access to the police report and DNA testing of a bloody
bandana found at the scene of the murder matched a man who was serving a sentence for the murder
of another woman.
Ken Anderson the prosecutor in the case pled guilty to failing to disclose and got 10 days in jail, and
500 hours of community service.
2. What can be done to reduce prosecutorial misconduct? In my opinion extra judicial oversight
could be used to try and reduce prosecutorial misconduct.
3. If you were to
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Queensland Supreme Court
Introduction: The report that we have been studying and learning about is the magistrates court and
how there system works so that people pay the price for what they have done. Meaning different
consequences given for how bad the situation is. Research Method: To gather our information to
help us finish our report we did a series of different methods such as going on a class excursion
where we went to the court house to see it first hand, we also went to the police station where they
gave us a tour of what goes on in the police station and how crimes are dealt with and also
information given to us during classes. Police procedures: The procedures that police follow when
they arrest someone is that has done something wrong or they believe they have done something.
The police tell them that they are under arrest and tell the victim to put their hands behind there ...
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The district court is Queensland's State intermediate court, it hears criminal cases such as rape and
armed robbery. The Magistrates Court of Queensland is the state's third level court, It deals with less
serious offences such as traffic infringements and burglary. The Children's Court of Queensland
deals with offences committed by young people under the age of 17 years who commit criminal
offences, unless the court orders that the matter be dealt with in an adult court. Most criminal cases
are heard, in some form, in the Magistrates court. The Magistrates Court also deals with: –some
minor family law matters (although most go to the Family Court) – some other Commonwealth
matters, such as those covered by the Customs Act 1901, the Social Security Act 1991 and the
Taxation Act 1953 –most domestic violence matters – applications for child–protection orders Court
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What Does The Magistrate Symbolize
An empire generally has three types of people: those who are for military conquest, those who
question it, and those who couldn't care less. Colonel Joll, an officer of the Third Bureau of the Civil
Guard, represents someone who is definitely for military conquest. On the other hand, the
Magistrate, a civil servant of an outlying frontier town, represents someone who questions the
meaning behind torture and military invasion. In the final confrontation between the Magistrate and
Colonel Joll, the Magistrate says, "The crime that is latent in us we must inflict on ourselves...not on
others" (170). He means that we must deal with inner conflict within ourselves, not through attacks
on others. Colonel Joll and the Magistrate symbolize two different ... Show more content on
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Joll has always believed that the Barbarians are the enemies that need to be subjugated and
controlled. While the Magistrate held the same belief at the beginning of the novel, he has quickly
moved away from torture after seeing the results of it firsthand. He wonders how the torturers can
eat after doing such cruel acts to other human beings. The Magistrate tells Colonel Joll, "The crime
that is latent within us we must inflict upon ourselves...not on others" (170). He believes that the
monstrous personality hidden within Colonel Joll must be recognized and inflicted upon himself, not
on others. Colonel Joll is the true barbarian who has decimated the nomads' way of living and forced
others to face his inner crime of being a
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Summary Of 'The Maero, The Magistrate And The Mathematician'
In The Maestro, the Magistrate & the Mathematician by Tendai Huchu, the author addresses the
notion of immigrants facing obstacles in their attempt to make an identity in a new country. This
essay will explore the Magistrate and how moving from Zimbabwe to the United Kingdom (U.K.)
creates an immense difficulty for him in retaining his strong relationships with his loved ones. To
accomplish the task at hand, I shall examine the change that occurs to the Magistrate and Mai
Chenai's gender roles that causes their relationship to deteriorate, discuss the conflicts in Magistrate
and Chenai's relationship, depict how adjusting to the new culture is vital to their relationships, and
demonstrate how the Magistrate is able to repair his relationship with Mai Chenai and Chenai. In the
end, it will be clear that immigrants are forced to accept the new culture in their new country, since
if they do not, they risk losing the relationships that are important to them. While living in
Zimbabwe, the relationship that the Magistrate had with Mai Chenai was strong due to their
traditional gender roles. For illustration, the strength of their relationship in Zimbabwe is displayed
several times throughout the novel, such as in Bindura when the Magistrate and Mai Chenai would
walk along Mt Darwin Road hand in hand (Huchu 75). Nonetheless, their strong relationship began
to fall apart once they arrived in the U.K., as the change in their gender roles created strain in their
relationship. In Zimbabwe, Mai Chenai was able to be educated and finish her nursing, a luxury that
is not given to most girls in Zimbabwe since their parents cannot afford to send them to school and
because at the end the girls will be married off and be expected to create their own families (Made,
Whande 27). Thus, in the U.K. Mai Chenai was able to find a well–suited job for herself to provide
income for her family; while on the other hand, the Magistrate had difficulty finding employment.
The problem with this is due to the fact that the Magistrate believes in the traditional Zimbabwean
culture, a culture that emphasizes that men should be the breadwinners and women be the
homemakers; hence the current situation is unpleasant to the Magistrate. Furthermore,
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High Court At The Head Of Judiciary Of The State
High Court The High Court stands at the head of judiciary of the State. High courts are established
under Part VI, Chapter V, Article 214 of the Indian Constitution. These courts have jurisdiction over
a state, a union territory or a group of states and union territories. At present there are 24 High
Courts in India. It enjoys civil as well as criminal, ordinary as well as extraordinary and general as
well as special jurisdiction.
Composition and Appointment of Judges
Judges in a High Court are appointed by the President of India in consultation with the Chief Justice
of India, the Governor of the state and the Chief Justice of the State (Art 217). High Courts are
headed by a Chief Justice. The number of judges in a court is decided by dividing the average
institution of main cases during the last five years by the national average, or the average rate of
disposal of main cases per judge per year in that High Court, whichever is higher. A High Court
Judge holds office till the age of 62 years. A High Court Judge may be impeached in the same
manner as Supreme Court Judge.
Jurisdiction of the High Court
The High Court enjoys an Original Jurisdiction in respect of testamentary, matrimonial and
guardianship matters. Original Jurisdiction is conferred on the High Court under various statutes.
The High Court also enjoy extraordinary jurisdiction under Article 226 to issue various writs. Each
High Court has supervisory power over subordinate courts under it. . Every High Court
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Frankston Magistrates-Personal Narrative
Hey bro, Sorry I've taken so long to write you a letter, I wrote you one like a month ago, but never
ended up sending it lol... so I'm re–writing it now lol. I actually thought I was going see you last
week, I was at Candice's court case at Frankston Magistrates and your name was on the list, I asked
if I could have a visit with you but they said you weren't there which was weird because you were
definitely on the list... it was on Wednesday 23rd Nov I think, were you there at all that day? Maybe
you'd already left... anyway, how you doing man? Have you been to court yet or know how long
you'll be in for? If so, hopefully it went well and you'll be getting out soon because I know you don't
deserve to be in somewhere like that! But I'm sure it has done you some good getting away for a
while... ... Show more content on Helpwriting.net ...
I'm going to start doing a few days' carpentry work here and there with Toby, I figured, I'm always
out the back building something, I may as well go do pretty much the same thing and get paid for it
lol... I've also been looking (not very hard though) for a new place, something a bit smaller and
cheaper! Even if I put in all of my centrelink payments for the month, it's still not enough to cover
rent lol plus I just want to get out of this joint anyway and I want somewhere better for Pedro. I feel
bad that he has to stay in that little fenced area I made while he's outside so I want to find
somewhere with a smaller backyard with proper fences so he can just roam the backyard and do
what he wants and, there has been so many foxes in my backyard lately! I went outside the other
night to yell at Pedro because he wouldn't stop barking and there was a massive fox just sitting in
the middle of the backyard staring at him so I'm suss on them attacking him and even though he's a
fox terrier (which originally were bred specifically to hunt foxes lol) he will buckle for sure we both
know how much of a bitch he is
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• Explain The Role Of Lay People In A Criminal Case
Explain the roles of lay people and lawyers in a criminal case
Lay magistrates
The integration of lay people into the legal system in England has been very successful. Firstly,
because it involves people with local knowledge. Secondly the magistrates that are used come from
a wide range of careers not just a legal background which gives them a more open mind also it is
less expensive as a process. To become one, you must me between the ages of 18 and 65 years of
age and live locally to the area that the courts cover. You can't be one if you have declared
bankruptcy, have a criminal conviction, and be in the army.
Lay magistrates are appointed by the Lord Chancellor on behalf of HM the Queen and following the
recommendations of local advisory committees. Once chosen they get interviewed by political
parties, trade union members, and chambers of commerce. The most successful candidates are
recommended to the Lord Chancellor. The local Bench considers gender, ethnic origin, occupation,
and political ideas to keep ... Show more content on Helpwriting.net ...
They get paid according to number of sittings or days which is usually about 15 days within a year
and if a lawyer decides to become a full–time judge, they are prohibited to return back to legal
practice.
All judges have to be appointed, they are picked by the Judicial Appointments Commission who are
an independent body that recommends candidates for judicial office. Many judges sit on tribunals
that can cover topics like immigration or employment.
Judges should ensure that the tribunal or court works as a team and the hearing is fair. Before a case,
the judge should lead a preview and agree a line of questioning. During the hearing, the judge needs
to make sure that questioning is appropriate and all issues are covered. After the case the judge must
ensure any decision is supported by
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Final Code Test : A Case Against A Suspect Is Based On The...
a) If I were the Crown prosecutor, I would start off with the full code test from the CPS 2013 Code
for Crown Prosecutors. The decision on whether or not to charge a case against a suspect is based on
the Full code test. There are 2 stages for the test and the first stage is the evidential stage, being
noted in the CPS 4.4, a case must pass the evidential stage in order to proceed no matter the
seriousness or how sensitive it may turn to be. With reference to the case scenario, we should see
whether the evidence could be used in the court in order for prosecution. There are two pieces of
evidence in total which are the physical attack on his wife, Tracy and the criminal damage on
Tracy's best mate Tony's car which is parked in the car park respectively. The first piece of evidence
is not strong enough as Tracy has always been reluctant to make a complaint against whenever the
police called to the house. Although this is an important piece of evidence in relation to the evidence
as a whole to show that Andrew has a caution for assault but without the proof of his wife's
confession, this piece of evidence will not be treated as reliable. Looking into the second piece of
evidence, it is about accusing Andrew for committing a criminal damage offence as his wife and
Tony witness him using a cricket bat to cause a considerable damage on Tony's car. Although there
are no other eye–witness but Tracy and Tony's witness will count as an evidence for Andrew's
criminal damage act.
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Pros And Cons Of A Lay Magistrate Court
Magistrates court
Introduction
In this report I am going to be talking about magistrate courts. I will be looking at the advantages
and disadvantages of magistrate courts. I will also be looking at what people are in a magistrate
court and what kind of cases magistrate courts hear.
Selection
Lay Magistrates are part time judges. They don't need any qualifications to be a Lay Magistrate. In
order for someone to become a magistrate they must fill in a form. This form could be found on
www.direct.gov.uk website. There are about 25,000 Lay Magistrates sitting as part time judges in
the magistrate courts. Justices of the peace is another name for Lay Magistrates. Two or 3
magistrates sit on every court. A single magistrate sitting on their own has very limited powers to
what they can do/say in court. They can issue search/arrest warrants if necessary. They can also
conduct early administrative hearings. Magistrates have to work 26 and a half days a year. Lord
chancellor is the one who chooses if someone can be a Magistrate or not.
The 6 qualities that are needed to become a Lay Magistrate are:
1)Good character
2)Understanding and communication
3)Social awareness
4)Maturity and sound temperament
5)Sound judgement – to think logically
6)Commitment and reliability ... Show more content on Helpwriting.net ...
The court wants a magistrate with a good character because a magistrate has an important role and
they don't want a magistrate who has a bad record. This is because a magistrate can make a wrong
decision for the defendant which could affect his life. By a good character it means that the
magistrate should have a clean record, minor offences will be ok for magistrates. However if a
magistrate commits a criminal offence whilst being a magistrate then he/she will be removed from
being a
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The Methods and Techniques of Judge Dee from Celebrated...
Judge Dee is a magistrate for the Chinese Province of Ching–Ping and he used many methods and
techniques to solve his cases. He also had significant influence on the society. Judge Dee mainly
utilized two methods to solve his cases, and they were using disguises and torture. He first used
disguises in the case "The Double Murder at Dawn" to try to find any suspicious man or women that
might look like he or she has been in a conflict instead; he finds the beginnings of the second case
"The Strange Corpse." This is always a simple way to get information because if he appeared as a
magistrate, people will be unwilling to dispense the information needed. So if he dresses up like a
doctor like he did at the beginning, people would be willing to ... Show more content on
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Judge Dee was considered the "Father and Mother Official." Magistrates function as a judge, jury,
prosecutor, and detective. He was the highest power in his district and was in charge of many things.
He was in charge of the town, land administration, the tribunal, the bureau for the collection of
taxes, the register office, and the public order in the district. Magistrates had to have great moral
strength, intellectual power, and refined literati also trained on Chinese letter and arts. Without any
of these skills, the magistrate would have failed his job. He would have barely gained any support
since these skills were signs of a good leader. The Magistrates were almost miniature monarchs of
their own lands. Even though whatever they say is not law, they are able to convict and torture
people until they listen. Judge Dee took everything under his control form the detective work to
sentences. He used lieutenants and constables to help out, but most work was done single–handedly.
No one else I the district has more power than him. A few magistrates in the book even had their
own private army for example; the magistrate in Turnip Pass had a garrison to protect the area from
criminals. Magistrates are supposed to be truth–seeking men. Judge Dee is obviously truth seeking
because he tries to see why the husband died in "The Strange Corpse" even though no one filed a
complaint, he did this for righteousness, which is looked for in
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A Case At Beenleigh Magistrates Courthouse
In the human services field it's likely workers will have contact with the court and legal system. The
differences in the human services profession and the legal systems can become challenging for
workers. Such as dissimilarities in prerogatives and values, prove this challenge for human services
workers (Kennedy, Richards, & Leiman, 2013). Human service work practice requires an
understanding of social policy's impact in specific areas. As practitioners grasping how theories
concerning fundamental principals of social policy have implications for human services agencies
and for the individuals who are the users of the services (Carson & Kerr, 2014). This paper will
discuss a case observed at Beenleigh Magistrates Courthouse. It will also look at the multiple roles
and responsibilities of Human Service professionals appearing in the legal system, as well as the
importance of ethical writing and possible tensions between the legal system and human services
profession. On my court visitation I observed a breach of DVO and bail conditions case, at the
Beenleigh Magistrates Court, on Tuesday 15th. The Beenleigh Magistrate sits on the bottom of the
Australian legal hierarchy of courts. Most criminal and some civil cases are first heard here. The
purpose of this court is if an individual is charged with a criminal offence, they must be brought
before the Magistrates Court. The role and responsibilities of the court personnel, is to decide if
there is enough evidence required for
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Barristers Of Criminal Cases : Barristers Rarely Deal With...
Barristers in Criminal Cases:
Barristers rarely deal with civil cases. Barristers will often settle the case outside of court therefore it
is rare to see a barrister in a civil court, however, if a case is on the multi–track track for court, the
barristers will finish legal documents, present the case, cross examine witnesses and sum up any
relevant material. This proves that a barrister uses skills from his or her training in both courts.
¬¬¬¬ Judges in Civil Cases:
Judges in civil cases, on any track system will reach to a verdict themselves (unless it is a case of
fraud or defamation (which will therefore include a jury)). The judge will often question the witness
him or herself in order to prevent a litigant in person to do so. The ... Show more content on
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This speeds up the case and therefore keeps costs at a limit.
Compare and contrast the role and function of judges, lawyers and lay people within the English
courts (M1) Magistrates are similar to judges but very different to juries because magistrates give a
verdict that is binding onto the defendant a power that is of a judge's whereas the juries only "judge"
based on the facts of the case and the evidence given as well as the balance of probabilities, which
also applies to magistrates. This is possibly the only similarity between the two.
However, the balance of probability for juries is much higher, it must be unanimous unless the judge
says otherwise. The balance of probabilities is, in the magistrate's court, where the magistrates must
be 51% sure that the defendant is guilty or not guilty in order to result in a verdict this is a link
between judges and magistrates whereas juries have to be beyond reasonable doubt as described
earlier. Therefore magistrates have a small link to juries and therefore one with judges but only
because of the link of the balance of probabilities.
However, both judges and magistrates are dissimilar to juries because juries have to disregard the
law and only "judge" on the facts of the case and are therefore different to judges, magistrates
because of their methods of reaching to a verdict. They are also different to lawyers because lawyers
have to take into account the law
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Magistrates
Magistrates Some 30 000 Justices of the Peace sit in a thousand or so Magistrates' Courts all over
the country, and nearly 300 in Bristol alone. They are appointed by the Lord Chancellor on the
recommendation of local committees consisting largely of existing magistrates. This process gives
rise to the criticism – perhaps justified – that the selection procedures tend to favour the appointment
of new magistrates whose views are compatible with existing members'. Magistrates must be aged
between 27 and 65 at the time of appointment (though very few in fact are under 40); they must be
British, Irish or Commonwealth citizens; they must be in good health (sufficient to enable them to
do the job); ... Show more content on Helpwriting.net ...
There are several reasons for trying to ensure that the bench includes a wide representation of
different groups: certainly the appearance of fairness is important, and it is understandable that many
young working–class black men feel they will not get justice from a middle–aged middle–class
white bench. But because magistrates are unpaid part–timers, appointment is necessarily limited to
those whose other commitments allow them to give up at least one working day a month to perform
their judicial duties, and the bench can never be truly typical: according to research conducted in
2000, magistrates are overwhelmingly from the professional and managerial classes, and nearly half
are retired. An individual candidate who is otherwise suitable will never be refused appointment
because of his/her gender, ethnic origin, social class or (moderate) political views, but the Lord
Chancellor and the advisory committees try to ensure a reasonable balance across the bench as a
whole. So far as gender is concerned they are quite successful – 48½ per cent of magistrates were
female at the beginning of 1999, and women outnumbered men in the new appointments for 1999–
2000 – but in other respects success is coming only slowly. Certainly magistrates are
unrepresentative in terms of age: the minimum age for appointment is 27, but only 21½ per cent of
those appointed
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Water Margin
The narrative Water Margin establishes Wu Sung as a complicated, multifaceted character who
encompasses a combination of heroism and violence. Due to his complex personality and the
corruptive environment he lives in, Wu Sung cannot remain as a member of the civilized society;
instead, he enters Jiang Hu, a realm that is governed by people's own judgments instead of standard
laws. Beginning with Wu Sung's first appearance, the author constantly provides hints that depict
Wu Sung as an individual who is different from the rest of society due to his violent character. As
the narrative continues, Wu Sung's characteristics become indexical knowledge that enables the
reader to understand and predict Wu Sung's action in respond to the corruption ... Show more
content on Helpwriting.net ...
As the text continues, Wu Sung's interaction with the innkeeper confirms the abusive thoughts Wu
Sung carries within him. When the innkeeper convinces Wu Sung to stop drinking, Wu Sung
responds, "Do not provoke me to anger or I shall smash the whole room into atoms, and turn your
inn upside down" (305). If any other characters make such statement, the reader might take it as an
empty threat. However, after learning about Wu Sung's background and extraordinary strength, the
reader understands that Wu Sung would carry out such actions if his desires are not satisfied. This
interaction is also thought–provoking because it happens one day after Wu Sung left Sung Chiang.
Thus, the author seems to convey the message that Wu Sung would always be a wild man because
the positive impacts others have on him would always gradually leave him. Therefore, despite how
Wu Sung later courageously kills the tiger and generously gives his rewards to others, there is a part
of him that resembles the tiger he kills, the brutality that makes him different from everyone else.
The author also depicted Wu Sung as an outsider who stays in a society but is not a member of the
society. When Wu Sung kills his sister–in–law, Mrs. Wu, despite the murderous acts Mrs. Wu
committed, her gruesome death is still a striking scene. The author spends great details on this
particular scene, "The [Wu Sung] stooped down, and ripped open her blouse
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Explain what the CPS will do in domestic violence cases,...
MUST MEET FULL CODE TEST
Evidential Stage – Ensure sufficient evidence to anticipate a realistic prospect of conviction against
each defendant on each charge, and the jury will be more likely to convict as a result. The CPS will
encourage police to use ACPO guidance to gather a wide range of evidence.
Public Interest Stage – Conviction is more likely to result in a significant sentence if the:–
Offence involved a weapon or threat of violence
Offence was carried out in the presence of a child
Suspects previous conviction is relevant to the offence
The prosecutor must also consider the views of the victim in regard to the impact of the offence.
With sexual offences the safety of victim and children must be considered.
CPS will ... Show more content on Helpwriting.net ...
Information held by an IDVA, for example history of abuse or any substance misuse is classed as
third party information.
ATTRITION & WITHDRAWAL
The withdrawal rate for domestic abuse and sexual abuse case is fairly high. If a victim withdraws
their support for a prosecution the CPS will want to know why. They will carry out an interview to
ascertain why the victim is wishing to withdraw and ascertain whether any pressure is being placed
on the victim. There are several reasons why a victim may withdraw:
The abuser has apologised and the victim wishes to give the abuser another chance
They don't want their children's father to have a criminal record.
They may have threatened or pressured or scared at what the abuser/his family may do if they
proceed.
Or they may not want to give evidence in court
In some circumstances the statement can be used as evidence without the support of the victim and
the final decision in regards to continue with the prosecution will depend on the CPS and police
seriousness of the crime and available evidence. It may be decided it's in the public interest despite
the wishes of the victim.
SPECIAL MEASURES
Prosecutors normally meet witnesses at a relatively early stage in the proceedings to discuss special
measures and related issues. The witness's overall subjective experience of participating in criminal
proceedings might thereby be enhanced.
In some cases, the CPS will encourage the court to agree to allow a witness to
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A Reflection Of Observation To A Magistrates Court
We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case. This
was our first time visiting the court. The historical coach wood and jarrah timber within the structure
of the courtroom represented authority and tradition. The high ceilings and the overall architecture
instilled a sense of power and security. This was what we expected. We were excited to be in the
midst of the rights, privileges and responsibilities of the Australian Judicial System. The court
personnel present: Magistrate The Magistrates' role was to hear the evidence of distinct cases,
criminal or civil matters and decide whether the accused is guilty or not guilty to an offence as
charged and decide the penalty that will be given to those that are found guilty or plead guilty to an
offence. Moreover, the Magistrate determined whether a case should go to a different court or to
adjourn the case to another date. The Bench Clerk The Clerk was performing various administrative
tasks instructed by the Magistrate. Prior to the Magistrates' arrival, The Clerk ensured that the
courtroom was in order. As we sat down in the public gallery, he approached and asked if we had
visited for observational purposes. His role also included examining and assembling legal
documents and materials that were required for the proceedings to take place. In addition, the clerk
reviewed and identified documents from each party before handing them over to the Magistrate. He
was assisting in the
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Arguments Against Doodle Armstrong's Death
I'm here to press charges against Doodle's brother for Doodle Armstrong's death, your honor. I'm
Madison Willie. I have strong evidence that proves he says things to Doodle that may discourage
him, he treats Doodle with cruelty, and he can be selfish towards Doodle. He is guilty and should be
charged with a felony. I would like to start by saying that Doodle's brother could say some hurtful
things to Doodle that may discourage him. For example, "One day I took Doodle up to the barn loft,
and showed him his casket, telling him how we all believed he would die." (2) It was a poor choice
for his brother to make and it caused Doodle to get scared and worried about whether or not his life
has all been a lie. He did not know that his family thought ... Show more content on Helpwriting.net
...
After contacting the doctor that Doodle saw during the time where he couldn't walk, he said he gave
strict instructions to not let Doodle get too excited, too cold, too hot, or too tired, and he must be
treated gently. When they left the doctor, brother disregarded these orders and caused Doodle to be
in pain.(2) The definition of abuse is to treat people with cruelty, and him doing this is an unruly
thing to do and it is in the Constitution that everyone shall be treated with respect and this certainly
is not respect. Therefore, charges can and will be pressed. Along with all of this, brother "dragged
Doodle across the burning field."(3) We have a video taken by someone else in the field that day. It
clearly shows brother dragging Doodle by the arms. It is on record that brother "heard Doodle cry
out, "brother, brother don't leave me" but, I ran as fast as I could leaving him far behind with a wall
of rain dividing us."(6) It is noted that this was around the time Doodle was killed, and if he had not
been left there he would be alive right now. Your honor, brother just left him there to die and he did
not care, this shows cruelty and if you still are not convinced, I have more
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Effectiveness Of Magistrates And Juries Essay
INTRODUCTION
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries
in the administration of justice in the English legal system.
Firstly, I will define key terms, e.g. Lay person, magistrates, Jury members etc.
Lay People
A Lay Person has no formal qualification in law.
Magistrates
Magistrates are volunteers who hear cases in courts in their community. Each case is usually heard
by 3 magistrates, including a magistrate who is trained to act as a chairperson
A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right
procedures. Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown
Court. Magistrates decide if the defendant should be:
kept in custody – e.g. a police or court cell
let out on strict conditions – e.g. to keep away from named places or people
Magistrates deal with crimes like:
minor assaults
motoring offences
theft
handling stolen goods
Magistrates can give punishments such as:
fines
unpaid work in the community
prison for up to 6 months (or up to 12 months for more than 1 crime)
Jury Members
Is someone who meets the criteria, that they are aged between 18 and 70, registered on
parliamentary or local government electoral roll, or UK, Channel Islands or Isle of Man resident for
at least five consecutive years since 13. An estimated 450,000 people perform this duty each year in
trials for significant offences such as
... Get more on HelpWriting.net ...
Lay Magistrates and District Judges
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 . However, the Lord Chancellor, who
by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the
appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of
Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to
65 years of age (with retirement at 70); anyone who is not of good character and personal standing;
an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a
lay justice; a serving member of Her Majesty's Forces; a ... Show more content on Helpwriting.net
...
Lay justices also decide many civil matters, particularly in relation to family work. Specially
selected and trained members of the Family Court Panels deal with a wide range of matters, most of
which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap,
not only because they are unpaid but also the cost of the trial itself is much less expensive than in
the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost
of a contested trial in the Magistrates' Court at £1,500 and a guilty plea at £500. The comparative
figures for the Crown Court were £13,500 and £2,500 respectively. However, part of this difference
is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer;
but even so, it is clear that the cost both to the Government and to defendants who pay for their own
lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that
"the justices are chosen for their qualities of fairness, judgement and common sense, alert to the
needs and concerns of the communities they serve and enabling local issues to be determined locally
by local people. And, in the eyes of the public, they have one great advantage: that they are free of
the habits of thought, speech and bearing which characterise professional
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Jaidyn Leskie Case
I. The Main Facts of the Case
The main facts of the Jaidyn Leskie case are as follows:
∞ Jaidyn Leskie disappeared while in the care of Greg Domaszewicz on the night of 14 June 1997.
∞ Mr. Domaszewicz said that Jaidyn went missing after being left asleep at his house while he went
out to pick up the child's mother.
∞ On the night of Jaidyn's disappearance a pig's head and rocks were thrown at the windows of
Greg Domaszewicz's house.
∞ Senior Constable Evans said he could find no evidence that anyone entered the windows.
∞ A teenage boy discovered the boy's body on 1 January 1998, at the Blue Rock Dam. A small
sleeping bag with a crowbar tied to it and a plastic bag containing baby's clothes, a bib, elastic–sided
boots, a baby's bottle ... Show more content on Helpwriting.net ...
Domaszewicz when he was pulled over.
Evidence/Arguments for the Prosecution.
∞ Greg Domaszewicz collects Jaidyn from his mother Bilynda Murphy early in the afternoon.
∞ Ms Murphy calls Mr. Domaszewicz at his house about 4.00 p.m. and is told Jaidyn is about to be
showered.
∞ Between 5.30 and 7.40 p.m. telephone calls to Mr. Domaszewicz's home are not answered.
∞ At 12.30 a.m. neighbours who live opposite Ms Murphy allege they see Mr. Domaszewicz's car
stop outside her house.
∞ At 2.00 a.m. Ms Murphy calls Mr. Domaszewicz and asks him to collect her from Ryan's Hotel in
Morwell.
∞ Around 2.00 a.m. a severed pig's head and stones are thrown at Mr. Domaszewicz's house.
∞ Between 2.20 and 2.40 a.m. Mr Domaszewicz picks Ms Murphy up in his car and they drive to
his house. On the way he says Jaidyn is in hospital with burns.
∞ At 3.20 a.m. Mr. Domaszewicz drops Ms Murphy at her home.
∞ At 3.35 a.m. Mr. Domaszewicz is breath–tested by police and says nothing about an abducted
child.
∞ At 5.00 a.m. Mr. Domaszewicz drives to Ms Murphy's home and tells her Jaidyn has been
abducted.
Evidence/Arguments for the Defence.
∞ A time, place, manner or reason for the death of Jaidyn had not yet been established.
∞ Jaidyn's body was found on New Year's Day 1998, in a sleeping bag, weighted down by a
crowbar, almost six months after Jaidyn's disappearance.
∞ DNA testing of the sleeping bag suggested that it was in the dam for no more than two months.
∞ According to senior defence
... Get more on HelpWriting.net ...
Lay Magistrates In The Legal System Of England And Wales
LL4181/LL5181 ELSM Second Formative Coursework
Explain and critically consider the use of lay magistrates in the legal system of England and Wales.
Lay magistrates are very important to the legal system in England and wales. Lay magistrate's also
known as 'Justices of the peace' are volunteers in Magistrates courts as judicial officers. There are
21,500 lay magistrates currently in England and wales. Combined with professional magistrates in a
magistrate's court they take up to 95% of cases involving criminal charges . This essay will be
investigating the actual importance of them as well as recommendations on diversifying the bench
for the Lord Chancellor.
Lay magistrates take on a lot of cases in England and wales in magistrate's courts as well as
sentencing on most cases. Magistrate's courts hear cases involving prosecutions of young offenders
and children family cases. Lay magistrates also attend Family cases; this is due to change in 2014,
where these types of hearings will be passed to the Family Court . In general Lay magistrates only
take on minor criminal offences. With the use of lay magistrate's a lot of time is spared to parliament
and higher courts to concentrate on more serious offences within the law as well as problems
concerning the country in general, such as the Scottish referendum. This makes the use of Lay
Magistrates essential in the English legal system.
The recruitment process to become a lay magistrate has not changed much. The applicant will
... Get more on HelpWriting.net ...
Search And Seizure: A Case Study
Title
21397073, Mustafa Alsoufi
By the end of April 2016, The Supreme Court of United States of America accepted to make some
changes to rule 41, Search and Seizure. It is a rule that gives authorization to magistrate judges in
any region or district, where a crime activity may have occurred, to release a warrant to search and
seize [1]. A change in this rule will allow the FBI to need a single warrant from the magistrate judge
to hack and install malware in suspects' computers accused of undergoing some digital criminal
activities. Utilizing that warrant, the investigation department can remotely search computers even if
the warrant they possess is outside the magistrate judge district. The peoples' opinion is split into
two sides; one agrees ... Show more content on Helpwriting.net ...
The change to rule 41 is a clear violation to the fourth amendment. Mr. Kevin Bankston, the
principal of New America's Open Technology Institute mentioned in one of his own statements that
this kind of laws goes further than wiretapping. In comparison with ordinary searches and
wiretapping, hacking is clearly more invasive and violates the fourth amendment, which protects
people from being searched unreasonably. Moreover, it raises more concerns and risks to the
security and privacy than wiretapping [13]. Many Americans want liberty and privacy, but these
changes don't give them much of either. American people desire liberty and security, but the
proposed modifications do not give them much of either. this kind of adjustment can grant the
government more power to hack smart devices by allowing the FBI to use unproved malware
systems; therefore, the safety and privacy is diminished and the risk of losing data and damaging
hospital systems will not be the result of the US congress' wrong decision for allowing such a
change, but because something had been done automatically [11]. The FBI claims that they will
... Get more on HelpWriting.net ...

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Magistrate Court Essay

  • 1. Magistrate Court Essay What is Magistrate Court? Magistrate Court is the lowest of DeKalb's courts. If the court system was a hospital, Magistrate is triage. Most all criminal cases start here from stealing a candy bar to murder. We do not see cases all the way to the end. What do we do? We issue warrants and review bond. We can only do three things on a hearing: dismissed cases, reset cases or bind over cases. (Bind over means send the case to a higher court to finish them out) We do not determine if someone is guilty or non–guilty. What is a first appearance hearing? At a first appearance hearing, the judge reads the charges that the inmates are being held on. Bonds that were set at the time the warrant was issued are read. (This is mostly misdemeanor ... Get more on HelpWriting.net ...
  • 2.
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  • 5. The Stranger by Albert Camus The Stranger was a fascinating book with a simple plot revolving around an average man. The protagonist and first person narrator was a man by the name of Meursault, a French man with little to no personal feeling about anything. He went about his life like an empty husk, shifting from one place to another. He felt no grief, sadness or even regret after his mother died; he only felt the physical inconvenience of sitting through the funeral and the heat of the sun during the funeral procession to the cemetery. Before and after the funeral, he more or less wandered with no direction. He went to work and performed day to day activities with the same apathetic disregard. He eventually went to a gathering down at the beach where he murdered a man that had been following his friend. He is sent to prison for the murder where he maintains the same detached indifference that he exhibited during the funeral. The lawyers hoped that he would plead self–defense, but he simply related the facts and nothing more in his own defense. The book did a particularly good job of describing Meursault in a way that gave no real insight into his persona, yet let us know what he was like on an outside appearance. The rest of the characters were described in a manner that showed their personalities beneath the skin, a rather satisfying way of making a side character slightly more important than just being there for the sake of being there. The book also did a wonderful job of opening up the ... Get more on HelpWriting.net ...
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  • 9. Hearing Trial And Criminal Justice In Philadelphia, just blocks from where, both, the United States Declaration of Independence and Constitution were debated and ratified, sits the Juanita Kidd Stout Center for Criminal Justice (hereinafter C.J.C.). Unfortunately, somehow in those few blocks, or many years, our sense of justice and fairness were lost. On Friday, March 23, 2017, I observed activities at the C.J.C. from 8:05 a.m. till 12:30 p.m. I had opportunities to view Magistrate Rice preside over bail hearings, Judge Thomas Gerhet preside over a trial and conduct 'Drug Court' progress hearings, and Judge Frank Palumbo conduct probation hearings. Although, I witnessed over 26 different hearings, due to assignment constraints this paper will focus largely on one case and ... Show more content on Helpwriting.net ... I apologized and informed her I was a student from Kline. Subsequently, the public defender returned her attention to the current case before the court, where a defendant, Ms. Alias, was accused of aggravated assault, simple assault, and conspiracy. Alias lives with her ex–girlfriend, the complainant. The magistrate talked with Alias and then said "$5000 S.O.B." and ordered her to stay away from the complainant and the house they share. Immediately, Alias complained, but not about the money or that she did not understand "S.O.B.". Sadly, Alias exclaimed, "my children live there"! After talking with Alias, the magistrate told the prosecutor, "I am going to do this my way," noting that the three young children need their mother and to be in their home. The prosecutor immediately picked up the phone, to which the judge responded, "I don't care if you are going to appeal." The prosecutor then told the officers to "hold the defendant pending appeal by the district attorney's office." The magistrate called the next case. A few minutes later, the prosecutor interrupted the magistrate to say, "no appeal will be file." Alias was then brought back on the C.C.T.V. and informed that she could return to her home, but was not to talk or have physical contact with the complainant. I appreciated the magistrate's concern for the defendant's children, but was ... Get more on HelpWriting.net ...
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  • 13. The Work of the Magistrates Court and Magistrates Essays The Work of the Magistrates Court and Magistrates In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as 1361. Magistrates were in charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th century, when it was decided they must be barristers. Lay magistrates in England and Wales, except in ... Show more content on Helpwriting.net ... There are five key qualities that are looked for in those applying to be magistrates, these are, understanding and communication, sound judgement and commitment, maturity and sound temperament, social awareness and reliability. They must also possess a good character and personal integrity. Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at least once. If an applicant is employed, they must establish with their employer that they will be allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate. Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they will receive training before and after their appointment. Also a court clerk always sits with the bench to advise them on relevant aspects of the law. Three magistrates sit at each case and there is no jury. The three magistrates are referred to as 'the bench'. One of these magistrates is called the chair and will always speak for the bench. The magistrates will hear issues on fact and law and then decide the final verdict and sentence. A magistrate must live in the local area of the court they would like to be considered ... Get more on HelpWriting.net ...
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  • 17. What Are The Disadvantages Of Lay People In The English... Effectiveness of lay element The effect of a lay person being part of the legal system is that it creates a positive reputation for the court. This is because lay people are not chosen because of their qualifications; they are chosen randomly to come up with a verdict for the defendant. Having lay people in the legal system enable the court to have a wider variety of opinion given by the community. This scheme allows associates of the community to become a lay person (magistrates/jury). There are many advantages as well as disadvantages of using lay personnel in court. An example of an advantages of using a lay person in the English legal system is that the legal system saves millions of pounds due to the fact that lay personnel's do not receives salaries but expenses. Another advantage is that lay personnel are an example of community involvement. This means that the legal ... Show more content on Helpwriting.net ... This encourages an open system of justice. Having lay personnel's in the legal systems may have its advantages, but it also comes with disadvantages. A clear example of a disadvantage of using both lay magistrates' and jurors in the legal system is that racial, cultural, sexual bias has come in the way and depending on the research, it has shown that this influences the verdict made in the courtroom. They are not provided with maximum training and juries on the other hand do not get any sort of training which can be lead to lay people being acknowledged as the second class justice. Role of jury in criminal cases/problem In the legal system a jury's role is vital as the jury system has been the key of social equality. The importance of the jurors in England is to ... Get more on HelpWriting.net ...
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  • 21. Essay about Role of Magistrates & Jury in England & Wales This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision– making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process. The role of a lay magistrate is one that is at the core of the legal system in England & Wales. They help maintain the foundation of the criminal justice system and deal with approximately 98% of all criminal matters. The sheer volume of cases that they deal with has helped earned them the title of the workhorses of the criminal justice system. A magistrate forms part of the judiciary however they are unique in the sense that they do not get paid. Even though magistrates do not ... Show more content on Helpwriting.net ... The aforementioned lack of legal expertise was felt and cased in 'The Magistrates Tale' where T, Grove recounts from personal experience that even after 80 sittings he still felt like a novice. T Grove is an ardent cheerleader for the use of magistrates and his passages reflect that as a magistrate is drawn from the local community there is a sense that people are being judged by their peers. John Humphreys shares this opinion and has been cited as stating that 'if the people sitting up the on the bench are people like us.....then we may be more likely to feel that we have been fairly judged'. Not all aspects of society share this opinion; anecdotal evidence shows that defendants show mistrust in the magistracy as when faced with the option to be tried by the magistrate or a jury a favour is shown toward the jury. This mistrust can be based on the impression of the magistrate by the common man. Even though it is desired that the magistrate represent a cross section of society the majority of magistrates are middle aged, middle class, white men. The mistrust however could also be down to a misplaced view that magistrates begin to become sceptical of lines of defence, that they start to recognises defendants traits and in turn show bias to similar defendants, they become 'case hardened'. However this can be counteracted with the fact that a magistrate is ... Get more on HelpWriting.net ...
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  • 25. Speech On Becoming A Judge Becoming a Judge Have you ever thought about becoming a judge? There are many reasons why becoming a judge is a great idea, reasons such as helping communities by taking bad people off the street and make people in that area feel safe about being home and having fun in their neighborhood or community. Although the judges we have now does not do the best they could at making decisions in court, instead they take the innocent people instead of the guilty people, which makes the guilty people get away with things they are not supposed to get away with such as killing people robbing banks, stores, and houses and making the innocent people suffer and not live their life like they deserve to. As a matter of fact one can become a judge and make better decisions than the judges that people have now. Being a Judge can be beneficial to society as well as one who pursues this career. Being a judge can be beneficial to society. Judges provide information about the justice system so they feel confident and safe in their communities and homes ("Q&A with U.S magistrate Judge Aaron Goodstein"). In order to be a judge you will need a bachelor's degree or a doctoral or professional degree. There are many responsibilities and duties of a judge. First you have to apply law by overseeing the legal process, resolve administrative disputes, facilitate negotiations between opposing parties, and finally issue legal decisions (Bureau of labor statistics). Judges are projected to grow 5% from 2016 to ... Get more on HelpWriting.net ...
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  • 29. Unit 23 Unit 23 – D1 In this section I am going to evaluate the effectiveness of Lay people within the English Legal System. Lay people are extremely useful individuals within the civil and criminal courts within the English legal system. The most influential lay people are the Lay Magistrates and the Jury who have important roles with the legal system. Magistrates usually deal with most cases that are heard within the criminal system. They are the decision makers as to guilt or innocence making 97–99% of all cases while on the other hand 1% of cases are heard with a jury present. This shows us that those that are not legally qualified make most decisions regarding the criminal justice system, which means that they are ordinary people who hail ... Show more content on Helpwriting.net ... Magistrates because they are not paid, will have to take time off work to attend their duties. Now, in a business environment, an employer may be rather annoyed if an employee had to continuously take time off work to attend their duties and would thus be difficult for that employee–especially if they are not to be paid whilst they are away. This loss of earning may discourage a person from becoming a magistrate. Whereas, if a magistrate is an employer or a senior employee in the business, they will more easily be able to take time off work to attend court. This relates to how they will be middle–aged and middle–minded. The training process is said to have not been adequate or effective enough. They are not in trained in broader ways and therefore lacking full knowledge. A risk with the magistrates is that although they may be able to empathise with the defendant, they are prosecution minded and more likely to believe the police. They may also be heavily reliant upon the clerk when in reality, the clerk can only advise them on certain aspects and interpret difficult points of law. A major disadvantage is the fact that there are inconsistencies within the sentencing of defendants. A defendant in Leeds charged with the same offence as the defendant in Bristol may receive a more lenient sentence. Additionally, the workload of the magistrates is incredibly heavy and would be ... Get more on HelpWriting.net ...
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  • 33. Inherit The Wind Essay Inherit the Wind The main theme of Inherit the Wind by Jerome Lawrence and Robert E. Lee is taking a stand. The play begins in Hillsboro, Tennessee when a man named Bertram Cates breaks the law by teaching the forbidden Darwin's Theory. The most famous orators of the time, Matthew Harrison Brady and Henry Drummond came to this small religious town of Hillsboro. Brady is prosecuting against Cates and Drummond is defending him. After days of battle, the verdict is finally ... Show more content on Helpwriting.net ... Brady did not know how much Drummond knew about the Bible but instead he believed all the rumors he heard about Drummond be agnostic. Brady thought everything in the Bible should be taken literally and Drummond knew that. That is why he asked questions that were impossible to answer. Brady was a very self–centered man and thought that he would shut Drummond down with his answers. He was wrong. – 2 – Everything he thought was wrong except for one thing: the interests of Right and Justice was served for Bertram Cates. Many more things could have happened to Brady for taking the stand. Some things that did happen were that people began to side with Drummond and Cates. Brady began to have a nervous breakdown because he knew that Drummond got the better of him. It is too bad, I thought that Drummond would have won the case. That is not what happened though. Brady won and Bertram Cates was found guilty and fined $100.00 which was soon to be changed to $500.00 due to Drummond and Cates' actions and attitudes toward the judge. The trial's turning point was when Brady took the stand. I believe that was a horrible decision because if Brady never took the stand many people would still see his side. I do not think that what ... Get more on HelpWriting.net ...
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  • 37. Solicitors Within Criminal Cases ( P3 ) Solicitors in Criminal Cases: A solicitor is a lawyer who deals directly with clients by giving legal advice as well as preparing legal documents and if necessary advocating in court. Solicitors are generally found in firms in towns and cities and therefore are easily accessible to all. A solicitor needs to get all key details from the client before a bail hearing. Solicitors undertaking criminal cases are also able to represent in court under the Solicitors Higher Rights of Audience Regulations Act 2010. Barristers in Criminal Cases: Barristers are trained to advise clients on the strengths and weaknesses of their cases and to act as advocates. Barristers represent their clients in court, primarily the higher courts, to prove their innocence or to get the best sentence for their clients. The barrister in question will do legal research, cross examine witnesses, hold case conferences and write an opinion on the case for their client. Explain the role of judges and lawyers in civil cases (P3) Solicitors in Civil Cases Solicitors in civil cases do a similar job as one of a solicitor in a criminal case. A solicitor in a civil case can still, given they have the qualification, represent their client in court. The solicitor will still complete legal documents, advise clients, collaborate with barristers and find witnesses. They may also undertake: Conveyancing ¬(7"the branch of law concerned with the preparation of documents for the conveyance of property.") ... Get more on HelpWriting.net ...
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  • 41. Apprenticeship in Jamaica: Was It Successful? Cherelle Fox His 272 Mr. Chris Curry Apprenticeship in Jamaica: Was it successful? The Emancipation of the British West Indies was anticipated as early as 1787, but was not achieved until the Abolition Act of 1833. However, in 1833 emancipation was not as complete as these words would suggest, as there were clauses in the Act about an Apprenticeship system which delayed complete emancipation until 1838. The Apprenticeship system was originally applied to the plan instituted in the interval between slavery and emancipation to prepare the slaves to assume the duties of freemen. The new law freed immediately those slaves under the age of six years old; however older slaves were to be 'apprenticed' for up to eight years. There were ... Show more content on Helpwriting.net ... The planters in Jamaica almost immediately adopted an 'eight hours a day schedule', which meant that apprentices had little time to cultivate their provision grounds, since Saturday was their market day and the fact that they were not allowed to cultivate their grounds on Sunday. The apprentices in Jamaica were unable to negotiate with their former masters about days that they can cultivate which further fuelled their animosity towards the Apprenticeship system and the planters. Historians Beckles and Sheppard had suggested that this not only inconvenienced the apprentices but also "prevented them from pursing alternate occupations to working on estates. The apprentices were kept dependant on the estates for their livelihood so that when full freedom came they would have been accustomed to look to the estates for their earnings". Furthermore, the apprentices also had to confront corrupted magistrates who often sympathized with the planters rather than the ex slaves. Most stipendiary magistrates were often poor white men from England who lacked wealth, power and prestige unlike most planters in the British Caribbean. As a result of this, they were often bribed and manipulated by the planters. Moreover, it was clear that the role of the stipendiary magistrates was to adjudicate disputes between the apprentices and their former owners, but the magistrates were sometimes obstructed by the reluctance of apprentices to ... Get more on HelpWriting.net ...
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  • 45. Magistrates Court Research Paper Criminal Courts Magistrates Court: Purpose: The Magistrates court deals with minor offences such as drunk and disorderly, speeding, anti–social behaviour etc. In a magistrates court the offender can only be sentenced with up to 6 months for a single crime and up to 12 months for more than one crime. They can also give the offender to community service or issue a £5000 fine. Some offences can be Triable Either Way for example theft and assault causing actual bodily harm; this means either the Magistrates or Crown Court can hear them. This decision comes down to a Mode of Trial hearing. There are over 400 magistrate courts. Other examples of cases heard at a magistrates court are: Enforcing council tax demands, debts to utilities, non–payment of TV licences and issuing warrants of entry Family cases, ... Show more content on Helpwriting.net ... If an appeal is made after the Crown Court it will follow to the Court of Appeal, however permission has to be given to the defence to appeal and the prosecution can only appeal based on a point of law. Points of law include: Jury being nobbled (attempt to influence the jury's decision) Judge confusing the jury Fresh evidence that was not available during the trial Personnel: In a Crown Court there is a Judge, and jury present as well as the prosecution and defence. The jury of 12 randomly selected strangers decides the verdict of guilty or not guilty and the Judge then decides the sentence. Personnel roles for a Criminal case: The Judge in a criminal case will: Swear in the jury and tell the jury of their roles and warn them about discussing the case with anyone who is not a juror outside of the court They will manage the case making sure the correct procedures of evidence are followed Make sure witnesses are not bullied Ensure the case is proceeding in an efficient manner Sum up for the jury any questions they may have and send them to ... Get more on HelpWriting.net ...
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  • 49. Magistrates Court Cases Magistrate's court All criminal cases start in a magistrates' court. Cases are heard by either having 2 or 3 magistrates or a district judge. There isn't a jury in a magistrates' court. Cases that the magistrate's court deal with include: most motoring offences, minor criminal damage, and being drunk and disorderly in a public area. They also deal with burglary offences and drug offences. Courts always pass cases that are more serious like rape, murder, and robbery which are known as 'indictable offences'. The courts can keep people in custody or grant bail. In some cases, magistrates can keep people in bail either in court cells or police cells. They can also grant bail on strict conditions like not being able to go out past a certain time ... Get more on HelpWriting.net ...
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  • 53. Magistrate Judgment Analysis For this assignment while wanting to focus more on crimes committed by a courtroom actor, I will instead write about the less known, but no less important appointment of a new magistrate judge for the Sothern district of Indiana. While to most the hiring of a magistrate judge does not sound like a big deal, but to law students who can recognize the importance of magistrate judges can appreciate the importance of this article. The article begins with the Chief Judge of the United States District Court for the Southern District of Indiana, Richard L. Young, appointing Matthew P. Brookman, an Evansville attorney as a United States Magistrate Judge. After passing a standard Federal Bureau of Investigation background check which can take up to ... Get more on HelpWriting.net ...
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  • 57. The City State Of Zamon Dor Set into the towering side of Mt.Momentum, the city–state of Zamon–Dor dwarfed the surrounding duchies and townships. Zamon–Dor was the land of inventions and innovations; there was nothing its tinkerers could not think up, nothing its architects could not build. Clockwork and its mechanisms made the city what it was; they offered all sorts of comforts that other nations could only dream of. The city itself was alive with the hustle and bustle of daily life: men could be heard talking, women laughing, and children playing, all set to the sound of a soft mechanical whirring as Zamon–Dors inventions were alive in all aspects of life. People wore artisanal watches, others rode on clockwork bicycles, and the city gleamed and sparkled during ... Show more content on Helpwriting.net ... The garden was small, but this is where the timewalker spent most of her life. The lush green of the palace gardens offered a much needed juxtaposition against the sea of machines outside of the garden walls. There were no birds or insects to be seen, as neither existed in Zamon–Dor, and so there was only the sound of the wind as it rustled the leaves of the great tree in the middle of the garden. This was where Kali, the palace timewalker, came every day from mid– morning to just before dusk. Kali was the definition of serenity, her appearance was that of an older child, aged anywhere between thirteen to sixteen. Her skin was fair, with jet black hair and steely eyes that could pierce through even the toughest of men. Sir Kairos, a member of the consulship and Kali's overseer, was a short, stout man who was half bald. Despite his aged appearance, he had a silver tongue, with honeyed words dripping with power. He was one of the few who was given his position, rather than being born into it. "Kali, oh Kali dearest," Kairos said in a singsong voice, poking his head through the garden gate and cutting the silence, "I need to see you, very important business. Orders from the Chief Magistrate himself! And you know how he gets when he's kept waiting." With that, Kairos departed, surely to attend to the very important matter of deciding what outfit would best please the Chief Magistrate. Kali silently stood and began down the corridor ... Get more on HelpWriting.net ...
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  • 61. The Role and Powers of Lay Magistrates in Criminal Cases... The Role and Powers of Lay Magistrates in Criminal Cases 1a) Describe the role and powers of lay magistrates in criminal cases. b) Consider whether lay magistrates are adequately trained for their work. 1a) Describe the role and powers of lay magistrates in criminal cases. For centuries the criminal justice system has allowed lay people; people who are not legally qualified to administer justice to the civilian population. Lay magistrates are otherwise known as Justices of the Peace. Lay magistrates work is mainly connected to criminal cases although they also deal with some civil matters, especially family cases. Firstly, it is to be noted that lay magistrates only perform their duties ... Show more content on Helpwriting.net ... Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk. The clerk otherwise known as the legal adivisor has to be qualified as a barrister or solicitor for at least five years. The clerk's duty is to guide the magistrates on the question of law, practice and procedure. The clerk can not assist in the decision making and should not normally retire with the magistrates when they make their discisions. Clerks deal with ruotine admistrative matters such as issuing warrents for arrest, extend poilce bail, adhourn criminal procedings and deal with Early Adminisitrative Hearings. As lay magistrates perform an important role by being in charge over the vast majority of criminal cases, they enjoy the same advantage of immunity from suit as the rest of the judiciary as highlighted in Waltham Forest (1986) whereby the Court of Appeal held that a ... Get more on HelpWriting.net ...
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  • 65. Disadvantages Of Lay Magistrates Lay magistrate, are normal people, who have no law skills and are under qualified people that give necessary verdicts in magistrates courts. They have been named as lay magistrates so that they can be distinguished from a qualified magistrate. The magistrate's courts have been introduced centuries ago. Today there are significant numbers of persons who sit and run magistrates court in UK, as a part time job. They normally take their seat and attend legal proceedings as a Bench of two or three, because if only one magistrate will sit he will have constrained functionality in carrying out his work. Each magistrates sitting in the court carry out a specific function as assigned to them, they deal with criminal and civil proceedings, and they also sit in primary the opening of criminal cases. Moreover the magistrates also consider requisitions of applications which have been rejected by local authority and give them legal permits .However the training, background and appointment of lay magistrates differ from that of magistrates. In England and Wales lay magistrates are delegated by the Lord Chancellor on the part of the monarch and effectively upon the counsel of local advisory committees. They are crossed examined by local government, labor unions, chambers ... Show more content on Helpwriting.net ... The first training consists of foremost fundamental principles and they sit with a couple of magistrates in court to assist them and they get some special mentoring classes for proper guidance. As a part of their training they also visit lockups and also receive a workbook for more personal study. Moreover their Training is strengthened by an evaluation of 12 – 18 months after appointment, when a distinctively qualified Magistrate audit will sit as member of the bench examine their potential and proficiency. Their training is a continuous one is intended keep magistrates advanced and supervise their development ... Get more on HelpWriting.net ...
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  • 69. Essay about forum3 1 .Explain how "the desire to win" can lead a prosecutor to pursue a case that should be dropped or choose to not disclose evidence that would exonerate a defendant. How does the organizational/occupational culture affect their motivations? The prosecutor's interest in the prosecution is to win, and for the unscrupulous, unethical prosecutor to win regardless of the guilt or innocence of the accused. The prosecutor's career path could be injured by failing to win, showing the lack of skill as a prosecutor for a lost criminal case, or poor professional judgment in obtaining an indictment which later was dismissed. The prosecutor's career path is enhanced by being, and being known as the "winner", which enables the prosecutor to get more ... Show more content on Helpwriting.net ... When the prosecutor responds to the announced wishes of the major media, the prosecutor is rewarded with favorable publicity. But when the prosecutor fails to do the medium's bidding, the prosecutor can expect to receive little or no publicity, which will put the prosecutor's career in a terminal, downward tailspin. Give a real life example of prosecutor misconduct and indicate briefly how/if that prosecutor was punished? In 1987 in Texas, a prosecutor was faced with this dilemma. Michael Morton was convicted of murdering his wife based on circumstantial evidence. Morton's defense attorney was never told about, or given access to, the police report in which Morton's three year old son had told police that his daddy had not killed his mommy. After serving 25 years for murdering his wife, Morton was exonerated after attorneys were finally given access to the police report and DNA testing of a bloody bandana found at the scene of the murder matched a man who was serving a sentence for the murder of another woman. Ken Anderson the prosecutor in the case pled guilty to failing to disclose and got 10 days in jail, and 500 hours of community service. 2. What can be done to reduce prosecutorial misconduct? In my opinion extra judicial oversight could be used to try and reduce prosecutorial misconduct. 3. If you were to ... Get more on HelpWriting.net ...
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  • 73. Queensland Supreme Court Introduction: The report that we have been studying and learning about is the magistrates court and how there system works so that people pay the price for what they have done. Meaning different consequences given for how bad the situation is. Research Method: To gather our information to help us finish our report we did a series of different methods such as going on a class excursion where we went to the court house to see it first hand, we also went to the police station where they gave us a tour of what goes on in the police station and how crimes are dealt with and also information given to us during classes. Police procedures: The procedures that police follow when they arrest someone is that has done something wrong or they believe they have done something. The police tell them that they are under arrest and tell the victim to put their hands behind there ... Show more content on Helpwriting.net ... The district court is Queensland's State intermediate court, it hears criminal cases such as rape and armed robbery. The Magistrates Court of Queensland is the state's third level court, It deals with less serious offences such as traffic infringements and burglary. The Children's Court of Queensland deals with offences committed by young people under the age of 17 years who commit criminal offences, unless the court orders that the matter be dealt with in an adult court. Most criminal cases are heard, in some form, in the Magistrates court. The Magistrates Court also deals with: –some minor family law matters (although most go to the Family Court) – some other Commonwealth matters, such as those covered by the Customs Act 1901, the Social Security Act 1991 and the Taxation Act 1953 –most domestic violence matters – applications for child–protection orders Court ... Get more on HelpWriting.net ...
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  • 77. What Does The Magistrate Symbolize An empire generally has three types of people: those who are for military conquest, those who question it, and those who couldn't care less. Colonel Joll, an officer of the Third Bureau of the Civil Guard, represents someone who is definitely for military conquest. On the other hand, the Magistrate, a civil servant of an outlying frontier town, represents someone who questions the meaning behind torture and military invasion. In the final confrontation between the Magistrate and Colonel Joll, the Magistrate says, "The crime that is latent in us we must inflict on ourselves...not on others" (170). He means that we must deal with inner conflict within ourselves, not through attacks on others. Colonel Joll and the Magistrate symbolize two different ... Show more content on Helpwriting.net ... Joll has always believed that the Barbarians are the enemies that need to be subjugated and controlled. While the Magistrate held the same belief at the beginning of the novel, he has quickly moved away from torture after seeing the results of it firsthand. He wonders how the torturers can eat after doing such cruel acts to other human beings. The Magistrate tells Colonel Joll, "The crime that is latent within us we must inflict upon ourselves...not on others" (170). He believes that the monstrous personality hidden within Colonel Joll must be recognized and inflicted upon himself, not on others. Colonel Joll is the true barbarian who has decimated the nomads' way of living and forced others to face his inner crime of being a ... Get more on HelpWriting.net ...
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  • 81. Summary Of 'The Maero, The Magistrate And The Mathematician' In The Maestro, the Magistrate & the Mathematician by Tendai Huchu, the author addresses the notion of immigrants facing obstacles in their attempt to make an identity in a new country. This essay will explore the Magistrate and how moving from Zimbabwe to the United Kingdom (U.K.) creates an immense difficulty for him in retaining his strong relationships with his loved ones. To accomplish the task at hand, I shall examine the change that occurs to the Magistrate and Mai Chenai's gender roles that causes their relationship to deteriorate, discuss the conflicts in Magistrate and Chenai's relationship, depict how adjusting to the new culture is vital to their relationships, and demonstrate how the Magistrate is able to repair his relationship with Mai Chenai and Chenai. In the end, it will be clear that immigrants are forced to accept the new culture in their new country, since if they do not, they risk losing the relationships that are important to them. While living in Zimbabwe, the relationship that the Magistrate had with Mai Chenai was strong due to their traditional gender roles. For illustration, the strength of their relationship in Zimbabwe is displayed several times throughout the novel, such as in Bindura when the Magistrate and Mai Chenai would walk along Mt Darwin Road hand in hand (Huchu 75). Nonetheless, their strong relationship began to fall apart once they arrived in the U.K., as the change in their gender roles created strain in their relationship. In Zimbabwe, Mai Chenai was able to be educated and finish her nursing, a luxury that is not given to most girls in Zimbabwe since their parents cannot afford to send them to school and because at the end the girls will be married off and be expected to create their own families (Made, Whande 27). Thus, in the U.K. Mai Chenai was able to find a well–suited job for herself to provide income for her family; while on the other hand, the Magistrate had difficulty finding employment. The problem with this is due to the fact that the Magistrate believes in the traditional Zimbabwean culture, a culture that emphasizes that men should be the breadwinners and women be the homemakers; hence the current situation is unpleasant to the Magistrate. Furthermore, ... Get more on HelpWriting.net ...
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  • 85. High Court At The Head Of Judiciary Of The State High Court The High Court stands at the head of judiciary of the State. High courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution. These courts have jurisdiction over a state, a union territory or a group of states and union territories. At present there are 24 High Courts in India. It enjoys civil as well as criminal, ordinary as well as extraordinary and general as well as special jurisdiction. Composition and Appointment of Judges Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India, the Governor of the state and the Chief Justice of the State (Art 217). High Courts are headed by a Chief Justice. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher. A High Court Judge holds office till the age of 62 years. A High Court Judge may be impeached in the same manner as Supreme Court Judge. Jurisdiction of the High Court The High Court enjoys an Original Jurisdiction in respect of testamentary, matrimonial and guardianship matters. Original Jurisdiction is conferred on the High Court under various statutes. The High Court also enjoy extraordinary jurisdiction under Article 226 to issue various writs. Each High Court has supervisory power over subordinate courts under it. . Every High Court ... Get more on HelpWriting.net ...
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  • 89. Frankston Magistrates-Personal Narrative Hey bro, Sorry I've taken so long to write you a letter, I wrote you one like a month ago, but never ended up sending it lol... so I'm re–writing it now lol. I actually thought I was going see you last week, I was at Candice's court case at Frankston Magistrates and your name was on the list, I asked if I could have a visit with you but they said you weren't there which was weird because you were definitely on the list... it was on Wednesday 23rd Nov I think, were you there at all that day? Maybe you'd already left... anyway, how you doing man? Have you been to court yet or know how long you'll be in for? If so, hopefully it went well and you'll be getting out soon because I know you don't deserve to be in somewhere like that! But I'm sure it has done you some good getting away for a while... ... Show more content on Helpwriting.net ... I'm going to start doing a few days' carpentry work here and there with Toby, I figured, I'm always out the back building something, I may as well go do pretty much the same thing and get paid for it lol... I've also been looking (not very hard though) for a new place, something a bit smaller and cheaper! Even if I put in all of my centrelink payments for the month, it's still not enough to cover rent lol plus I just want to get out of this joint anyway and I want somewhere better for Pedro. I feel bad that he has to stay in that little fenced area I made while he's outside so I want to find somewhere with a smaller backyard with proper fences so he can just roam the backyard and do what he wants and, there has been so many foxes in my backyard lately! I went outside the other night to yell at Pedro because he wouldn't stop barking and there was a massive fox just sitting in the middle of the backyard staring at him so I'm suss on them attacking him and even though he's a fox terrier (which originally were bred specifically to hunt foxes lol) he will buckle for sure we both know how much of a bitch he is ... Get more on HelpWriting.net ...
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  • 93. • Explain The Role Of Lay People In A Criminal Case Explain the roles of lay people and lawyers in a criminal case Lay magistrates The integration of lay people into the legal system in England has been very successful. Firstly, because it involves people with local knowledge. Secondly the magistrates that are used come from a wide range of careers not just a legal background which gives them a more open mind also it is less expensive as a process. To become one, you must me between the ages of 18 and 65 years of age and live locally to the area that the courts cover. You can't be one if you have declared bankruptcy, have a criminal conviction, and be in the army. Lay magistrates are appointed by the Lord Chancellor on behalf of HM the Queen and following the recommendations of local advisory committees. Once chosen they get interviewed by political parties, trade union members, and chambers of commerce. The most successful candidates are recommended to the Lord Chancellor. The local Bench considers gender, ethnic origin, occupation, and political ideas to keep ... Show more content on Helpwriting.net ... They get paid according to number of sittings or days which is usually about 15 days within a year and if a lawyer decides to become a full–time judge, they are prohibited to return back to legal practice. All judges have to be appointed, they are picked by the Judicial Appointments Commission who are an independent body that recommends candidates for judicial office. Many judges sit on tribunals that can cover topics like immigration or employment. Judges should ensure that the tribunal or court works as a team and the hearing is fair. Before a case, the judge should lead a preview and agree a line of questioning. During the hearing, the judge needs to make sure that questioning is appropriate and all issues are covered. After the case the judge must ensure any decision is supported by ... Get more on HelpWriting.net ...
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  • 97. Final Code Test : A Case Against A Suspect Is Based On The... a) If I were the Crown prosecutor, I would start off with the full code test from the CPS 2013 Code for Crown Prosecutors. The decision on whether or not to charge a case against a suspect is based on the Full code test. There are 2 stages for the test and the first stage is the evidential stage, being noted in the CPS 4.4, a case must pass the evidential stage in order to proceed no matter the seriousness or how sensitive it may turn to be. With reference to the case scenario, we should see whether the evidence could be used in the court in order for prosecution. There are two pieces of evidence in total which are the physical attack on his wife, Tracy and the criminal damage on Tracy's best mate Tony's car which is parked in the car park respectively. The first piece of evidence is not strong enough as Tracy has always been reluctant to make a complaint against whenever the police called to the house. Although this is an important piece of evidence in relation to the evidence as a whole to show that Andrew has a caution for assault but without the proof of his wife's confession, this piece of evidence will not be treated as reliable. Looking into the second piece of evidence, it is about accusing Andrew for committing a criminal damage offence as his wife and Tony witness him using a cricket bat to cause a considerable damage on Tony's car. Although there are no other eye–witness but Tracy and Tony's witness will count as an evidence for Andrew's criminal damage act. ... Get more on HelpWriting.net ...
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  • 101. Pros And Cons Of A Lay Magistrate Court Magistrates court Introduction In this report I am going to be talking about magistrate courts. I will be looking at the advantages and disadvantages of magistrate courts. I will also be looking at what people are in a magistrate court and what kind of cases magistrate courts hear. Selection Lay Magistrates are part time judges. They don't need any qualifications to be a Lay Magistrate. In order for someone to become a magistrate they must fill in a form. This form could be found on www.direct.gov.uk website. There are about 25,000 Lay Magistrates sitting as part time judges in the magistrate courts. Justices of the peace is another name for Lay Magistrates. Two or 3 magistrates sit on every court. A single magistrate sitting on their own has very limited powers to what they can do/say in court. They can issue search/arrest warrants if necessary. They can also conduct early administrative hearings. Magistrates have to work 26 and a half days a year. Lord chancellor is the one who chooses if someone can be a Magistrate or not. The 6 qualities that are needed to become a Lay Magistrate are: 1)Good character 2)Understanding and communication 3)Social awareness 4)Maturity and sound temperament 5)Sound judgement – to think logically 6)Commitment and reliability ... Show more content on Helpwriting.net ... The court wants a magistrate with a good character because a magistrate has an important role and they don't want a magistrate who has a bad record. This is because a magistrate can make a wrong decision for the defendant which could affect his life. By a good character it means that the magistrate should have a clean record, minor offences will be ok for magistrates. However if a magistrate commits a criminal offence whilst being a magistrate then he/she will be removed from being a ... Get more on HelpWriting.net ...
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  • 105. The Methods and Techniques of Judge Dee from Celebrated... Judge Dee is a magistrate for the Chinese Province of Ching–Ping and he used many methods and techniques to solve his cases. He also had significant influence on the society. Judge Dee mainly utilized two methods to solve his cases, and they were using disguises and torture. He first used disguises in the case "The Double Murder at Dawn" to try to find any suspicious man or women that might look like he or she has been in a conflict instead; he finds the beginnings of the second case "The Strange Corpse." This is always a simple way to get information because if he appeared as a magistrate, people will be unwilling to dispense the information needed. So if he dresses up like a doctor like he did at the beginning, people would be willing to ... Show more content on Helpwriting.net ... Judge Dee was considered the "Father and Mother Official." Magistrates function as a judge, jury, prosecutor, and detective. He was the highest power in his district and was in charge of many things. He was in charge of the town, land administration, the tribunal, the bureau for the collection of taxes, the register office, and the public order in the district. Magistrates had to have great moral strength, intellectual power, and refined literati also trained on Chinese letter and arts. Without any of these skills, the magistrate would have failed his job. He would have barely gained any support since these skills were signs of a good leader. The Magistrates were almost miniature monarchs of their own lands. Even though whatever they say is not law, they are able to convict and torture people until they listen. Judge Dee took everything under his control form the detective work to sentences. He used lieutenants and constables to help out, but most work was done single–handedly. No one else I the district has more power than him. A few magistrates in the book even had their own private army for example; the magistrate in Turnip Pass had a garrison to protect the area from criminals. Magistrates are supposed to be truth–seeking men. Judge Dee is obviously truth seeking because he tries to see why the husband died in "The Strange Corpse" even though no one filed a complaint, he did this for righteousness, which is looked for in ... Get more on HelpWriting.net ...
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  • 109. A Case At Beenleigh Magistrates Courthouse In the human services field it's likely workers will have contact with the court and legal system. The differences in the human services profession and the legal systems can become challenging for workers. Such as dissimilarities in prerogatives and values, prove this challenge for human services workers (Kennedy, Richards, & Leiman, 2013). Human service work practice requires an understanding of social policy's impact in specific areas. As practitioners grasping how theories concerning fundamental principals of social policy have implications for human services agencies and for the individuals who are the users of the services (Carson & Kerr, 2014). This paper will discuss a case observed at Beenleigh Magistrates Courthouse. It will also look at the multiple roles and responsibilities of Human Service professionals appearing in the legal system, as well as the importance of ethical writing and possible tensions between the legal system and human services profession. On my court visitation I observed a breach of DVO and bail conditions case, at the Beenleigh Magistrates Court, on Tuesday 15th. The Beenleigh Magistrate sits on the bottom of the Australian legal hierarchy of courts. Most criminal and some civil cases are first heard here. The purpose of this court is if an individual is charged with a criminal offence, they must be brought before the Magistrates Court. The role and responsibilities of the court personnel, is to decide if there is enough evidence required for ... Get more on HelpWriting.net ...
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  • 113. Barristers Of Criminal Cases : Barristers Rarely Deal With... Barristers in Criminal Cases: Barristers rarely deal with civil cases. Barristers will often settle the case outside of court therefore it is rare to see a barrister in a civil court, however, if a case is on the multi–track track for court, the barristers will finish legal documents, present the case, cross examine witnesses and sum up any relevant material. This proves that a barrister uses skills from his or her training in both courts. ¬¬¬¬ Judges in Civil Cases: Judges in civil cases, on any track system will reach to a verdict themselves (unless it is a case of fraud or defamation (which will therefore include a jury)). The judge will often question the witness him or herself in order to prevent a litigant in person to do so. The ... Show more content on Helpwriting.net ... This speeds up the case and therefore keeps costs at a limit. Compare and contrast the role and function of judges, lawyers and lay people within the English courts (M1) Magistrates are similar to judges but very different to juries because magistrates give a verdict that is binding onto the defendant a power that is of a judge's whereas the juries only "judge" based on the facts of the case and the evidence given as well as the balance of probabilities, which also applies to magistrates. This is possibly the only similarity between the two. However, the balance of probability for juries is much higher, it must be unanimous unless the judge says otherwise. The balance of probabilities is, in the magistrate's court, where the magistrates must be 51% sure that the defendant is guilty or not guilty in order to result in a verdict this is a link between judges and magistrates whereas juries have to be beyond reasonable doubt as described earlier. Therefore magistrates have a small link to juries and therefore one with judges but only because of the link of the balance of probabilities. However, both judges and magistrates are dissimilar to juries because juries have to disregard the law and only "judge" on the facts of the case and are therefore different to judges, magistrates because of their methods of reaching to a verdict. They are also different to lawyers because lawyers have to take into account the law ... Get more on HelpWriting.net ...
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  • 117. Magistrates Magistrates Some 30 000 Justices of the Peace sit in a thousand or so Magistrates' Courts all over the country, and nearly 300 in Bristol alone. They are appointed by the Lord Chancellor on the recommendation of local committees consisting largely of existing magistrates. This process gives rise to the criticism – perhaps justified – that the selection procedures tend to favour the appointment of new magistrates whose views are compatible with existing members'. Magistrates must be aged between 27 and 65 at the time of appointment (though very few in fact are under 40); they must be British, Irish or Commonwealth citizens; they must be in good health (sufficient to enable them to do the job); ... Show more content on Helpwriting.net ... There are several reasons for trying to ensure that the bench includes a wide representation of different groups: certainly the appearance of fairness is important, and it is understandable that many young working–class black men feel they will not get justice from a middle–aged middle–class white bench. But because magistrates are unpaid part–timers, appointment is necessarily limited to those whose other commitments allow them to give up at least one working day a month to perform their judicial duties, and the bench can never be truly typical: according to research conducted in 2000, magistrates are overwhelmingly from the professional and managerial classes, and nearly half are retired. An individual candidate who is otherwise suitable will never be refused appointment because of his/her gender, ethnic origin, social class or (moderate) political views, but the Lord Chancellor and the advisory committees try to ensure a reasonable balance across the bench as a whole. So far as gender is concerned they are quite successful – 48½ per cent of magistrates were female at the beginning of 1999, and women outnumbered men in the new appointments for 1999– 2000 – but in other respects success is coming only slowly. Certainly magistrates are unrepresentative in terms of age: the minimum age for appointment is 27, but only 21½ per cent of those appointed ... Get more on HelpWriting.net ...
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  • 121. Water Margin The narrative Water Margin establishes Wu Sung as a complicated, multifaceted character who encompasses a combination of heroism and violence. Due to his complex personality and the corruptive environment he lives in, Wu Sung cannot remain as a member of the civilized society; instead, he enters Jiang Hu, a realm that is governed by people's own judgments instead of standard laws. Beginning with Wu Sung's first appearance, the author constantly provides hints that depict Wu Sung as an individual who is different from the rest of society due to his violent character. As the narrative continues, Wu Sung's characteristics become indexical knowledge that enables the reader to understand and predict Wu Sung's action in respond to the corruption ... Show more content on Helpwriting.net ... As the text continues, Wu Sung's interaction with the innkeeper confirms the abusive thoughts Wu Sung carries within him. When the innkeeper convinces Wu Sung to stop drinking, Wu Sung responds, "Do not provoke me to anger or I shall smash the whole room into atoms, and turn your inn upside down" (305). If any other characters make such statement, the reader might take it as an empty threat. However, after learning about Wu Sung's background and extraordinary strength, the reader understands that Wu Sung would carry out such actions if his desires are not satisfied. This interaction is also thought–provoking because it happens one day after Wu Sung left Sung Chiang. Thus, the author seems to convey the message that Wu Sung would always be a wild man because the positive impacts others have on him would always gradually leave him. Therefore, despite how Wu Sung later courageously kills the tiger and generously gives his rewards to others, there is a part of him that resembles the tiger he kills, the brutality that makes him different from everyone else. The author also depicted Wu Sung as an outsider who stays in a society but is not a member of the society. When Wu Sung kills his sister–in–law, Mrs. Wu, despite the murderous acts Mrs. Wu committed, her gruesome death is still a striking scene. The author spends great details on this particular scene, "The [Wu Sung] stooped down, and ripped open her blouse ... Get more on HelpWriting.net ...
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  • 125. Explain what the CPS will do in domestic violence cases,... MUST MEET FULL CODE TEST Evidential Stage – Ensure sufficient evidence to anticipate a realistic prospect of conviction against each defendant on each charge, and the jury will be more likely to convict as a result. The CPS will encourage police to use ACPO guidance to gather a wide range of evidence. Public Interest Stage – Conviction is more likely to result in a significant sentence if the:– Offence involved a weapon or threat of violence Offence was carried out in the presence of a child Suspects previous conviction is relevant to the offence The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered. CPS will ... Show more content on Helpwriting.net ... Information held by an IDVA, for example history of abuse or any substance misuse is classed as third party information. ATTRITION & WITHDRAWAL The withdrawal rate for domestic abuse and sexual abuse case is fairly high. If a victim withdraws their support for a prosecution the CPS will want to know why. They will carry out an interview to ascertain why the victim is wishing to withdraw and ascertain whether any pressure is being placed on the victim. There are several reasons why a victim may withdraw: The abuser has apologised and the victim wishes to give the abuser another chance They don't want their children's father to have a criminal record. They may have threatened or pressured or scared at what the abuser/his family may do if they proceed. Or they may not want to give evidence in court In some circumstances the statement can be used as evidence without the support of the victim and the final decision in regards to continue with the prosecution will depend on the CPS and police seriousness of the crime and available evidence. It may be decided it's in the public interest despite the wishes of the victim. SPECIAL MEASURES Prosecutors normally meet witnesses at a relatively early stage in the proceedings to discuss special measures and related issues. The witness's overall subjective experience of participating in criminal proceedings might thereby be enhanced. In some cases, the CPS will encourage the court to agree to allow a witness to
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  • 130. A Reflection Of Observation To A Magistrates Court We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case. This was our first time visiting the court. The historical coach wood and jarrah timber within the structure of the courtroom represented authority and tradition. The high ceilings and the overall architecture instilled a sense of power and security. This was what we expected. We were excited to be in the midst of the rights, privileges and responsibilities of the Australian Judicial System. The court personnel present: Magistrate The Magistrates' role was to hear the evidence of distinct cases, criminal or civil matters and decide whether the accused is guilty or not guilty to an offence as charged and decide the penalty that will be given to those that are found guilty or plead guilty to an offence. Moreover, the Magistrate determined whether a case should go to a different court or to adjourn the case to another date. The Bench Clerk The Clerk was performing various administrative tasks instructed by the Magistrate. Prior to the Magistrates' arrival, The Clerk ensured that the courtroom was in order. As we sat down in the public gallery, he approached and asked if we had visited for observational purposes. His role also included examining and assembling legal documents and materials that were required for the proceedings to take place. In addition, the clerk reviewed and identified documents from each party before handing them over to the Magistrate. He was assisting in the ... Get more on HelpWriting.net ...
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  • 134. Arguments Against Doodle Armstrong's Death I'm here to press charges against Doodle's brother for Doodle Armstrong's death, your honor. I'm Madison Willie. I have strong evidence that proves he says things to Doodle that may discourage him, he treats Doodle with cruelty, and he can be selfish towards Doodle. He is guilty and should be charged with a felony. I would like to start by saying that Doodle's brother could say some hurtful things to Doodle that may discourage him. For example, "One day I took Doodle up to the barn loft, and showed him his casket, telling him how we all believed he would die." (2) It was a poor choice for his brother to make and it caused Doodle to get scared and worried about whether or not his life has all been a lie. He did not know that his family thought ... Show more content on Helpwriting.net ... After contacting the doctor that Doodle saw during the time where he couldn't walk, he said he gave strict instructions to not let Doodle get too excited, too cold, too hot, or too tired, and he must be treated gently. When they left the doctor, brother disregarded these orders and caused Doodle to be in pain.(2) The definition of abuse is to treat people with cruelty, and him doing this is an unruly thing to do and it is in the Constitution that everyone shall be treated with respect and this certainly is not respect. Therefore, charges can and will be pressed. Along with all of this, brother "dragged Doodle across the burning field."(3) We have a video taken by someone else in the field that day. It clearly shows brother dragging Doodle by the arms. It is on record that brother "heard Doodle cry out, "brother, brother don't leave me" but, I ran as fast as I could leaving him far behind with a wall of rain dividing us."(6) It is noted that this was around the time Doodle was killed, and if he had not been left there he would be alive right now. Your honor, brother just left him there to die and he did not care, this shows cruelty and if you still are not convinced, I have more ... Get more on HelpWriting.net ...
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  • 138. Effectiveness Of Magistrates And Juries Essay INTRODUCTION For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system. Firstly, I will define key terms, e.g. Lay person, magistrates, Jury members etc. Lay People A Lay Person has no formal qualification in law. Magistrates Magistrates are volunteers who hear cases in courts in their community. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures. Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be: kept in custody – e.g. a police or court cell let out on strict conditions – e.g. to keep away from named places or people Magistrates deal with crimes like: minor assaults motoring offences theft handling stolen goods Magistrates can give punishments such as: fines unpaid work in the community prison for up to 6 months (or up to 12 months for more than 1 crime) Jury Members Is someone who meets the criteria, that they are aged between 18 and 70, registered on parliamentary or local government electoral roll, or UK, Channel Islands or Isle of Man resident for at least five consecutive years since 13. An estimated 450,000 people perform this duty each year in trials for significant offences such as ... Get more on HelpWriting.net ...
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  • 142. Lay Magistrates and District Judges 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 . However, the Lord Chancellor, who by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to 65 years of age (with retirement at 70); anyone who is not of good character and personal standing; an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a lay justice; a serving member of Her Majesty's Forces; a ... Show more content on Helpwriting.net ... Lay justices also decide many civil matters, particularly in relation to family work. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap, not only because they are unpaid but also the cost of the trial itself is much less expensive than in the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost of a contested trial in the Magistrates' Court at £1,500 and a guilty plea at £500. The comparative figures for the Crown Court were £13,500 and £2,500 respectively. However, part of this difference is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer; but even so, it is clear that the cost both to the Government and to defendants who pay for their own lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that "the justices are chosen for their qualities of fairness, judgement and common sense, alert to the needs and concerns of the communities they serve and enabling local issues to be determined locally by local people. And, in the eyes of the public, they have one great advantage: that they are free of the habits of thought, speech and bearing which characterise professional ... Get more on HelpWriting.net ...
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  • 146. Jaidyn Leskie Case I. The Main Facts of the Case The main facts of the Jaidyn Leskie case are as follows: ∞ Jaidyn Leskie disappeared while in the care of Greg Domaszewicz on the night of 14 June 1997. ∞ Mr. Domaszewicz said that Jaidyn went missing after being left asleep at his house while he went out to pick up the child's mother. ∞ On the night of Jaidyn's disappearance a pig's head and rocks were thrown at the windows of Greg Domaszewicz's house. ∞ Senior Constable Evans said he could find no evidence that anyone entered the windows. ∞ A teenage boy discovered the boy's body on 1 January 1998, at the Blue Rock Dam. A small sleeping bag with a crowbar tied to it and a plastic bag containing baby's clothes, a bib, elastic–sided boots, a baby's bottle ... Show more content on Helpwriting.net ... Domaszewicz when he was pulled over. Evidence/Arguments for the Prosecution. ∞ Greg Domaszewicz collects Jaidyn from his mother Bilynda Murphy early in the afternoon. ∞ Ms Murphy calls Mr. Domaszewicz at his house about 4.00 p.m. and is told Jaidyn is about to be showered. ∞ Between 5.30 and 7.40 p.m. telephone calls to Mr. Domaszewicz's home are not answered. ∞ At 12.30 a.m. neighbours who live opposite Ms Murphy allege they see Mr. Domaszewicz's car stop outside her house. ∞ At 2.00 a.m. Ms Murphy calls Mr. Domaszewicz and asks him to collect her from Ryan's Hotel in Morwell. ∞ Around 2.00 a.m. a severed pig's head and stones are thrown at Mr. Domaszewicz's house. ∞ Between 2.20 and 2.40 a.m. Mr Domaszewicz picks Ms Murphy up in his car and they drive to his house. On the way he says Jaidyn is in hospital with burns. ∞ At 3.20 a.m. Mr. Domaszewicz drops Ms Murphy at her home. ∞ At 3.35 a.m. Mr. Domaszewicz is breath–tested by police and says nothing about an abducted child. ∞ At 5.00 a.m. Mr. Domaszewicz drives to Ms Murphy's home and tells her Jaidyn has been abducted. Evidence/Arguments for the Defence. ∞ A time, place, manner or reason for the death of Jaidyn had not yet been established. ∞ Jaidyn's body was found on New Year's Day 1998, in a sleeping bag, weighted down by a crowbar, almost six months after Jaidyn's disappearance.
  • 147. ∞ DNA testing of the sleeping bag suggested that it was in the dam for no more than two months. ∞ According to senior defence ... Get more on HelpWriting.net ...
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  • 151. Lay Magistrates In The Legal System Of England And Wales LL4181/LL5181 ELSM Second Formative Coursework Explain and critically consider the use of lay magistrates in the legal system of England and Wales. Lay magistrates are very important to the legal system in England and wales. Lay magistrate's also known as 'Justices of the peace' are volunteers in Magistrates courts as judicial officers. There are 21,500 lay magistrates currently in England and wales. Combined with professional magistrates in a magistrate's court they take up to 95% of cases involving criminal charges . This essay will be investigating the actual importance of them as well as recommendations on diversifying the bench for the Lord Chancellor. Lay magistrates take on a lot of cases in England and wales in magistrate's courts as well as sentencing on most cases. Magistrate's courts hear cases involving prosecutions of young offenders and children family cases. Lay magistrates also attend Family cases; this is due to change in 2014, where these types of hearings will be passed to the Family Court . In general Lay magistrates only take on minor criminal offences. With the use of lay magistrate's a lot of time is spared to parliament and higher courts to concentrate on more serious offences within the law as well as problems concerning the country in general, such as the Scottish referendum. This makes the use of Lay Magistrates essential in the English legal system. The recruitment process to become a lay magistrate has not changed much. The applicant will ... Get more on HelpWriting.net ...
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  • 155. Search And Seizure: A Case Study Title 21397073, Mustafa Alsoufi By the end of April 2016, The Supreme Court of United States of America accepted to make some changes to rule 41, Search and Seizure. It is a rule that gives authorization to magistrate judges in any region or district, where a crime activity may have occurred, to release a warrant to search and seize [1]. A change in this rule will allow the FBI to need a single warrant from the magistrate judge to hack and install malware in suspects' computers accused of undergoing some digital criminal activities. Utilizing that warrant, the investigation department can remotely search computers even if the warrant they possess is outside the magistrate judge district. The peoples' opinion is split into two sides; one agrees ... Show more content on Helpwriting.net ... The change to rule 41 is a clear violation to the fourth amendment. Mr. Kevin Bankston, the principal of New America's Open Technology Institute mentioned in one of his own statements that this kind of laws goes further than wiretapping. In comparison with ordinary searches and wiretapping, hacking is clearly more invasive and violates the fourth amendment, which protects people from being searched unreasonably. Moreover, it raises more concerns and risks to the security and privacy than wiretapping [13]. Many Americans want liberty and privacy, but these changes don't give them much of either. American people desire liberty and security, but the proposed modifications do not give them much of either. this kind of adjustment can grant the government more power to hack smart devices by allowing the FBI to use unproved malware systems; therefore, the safety and privacy is diminished and the risk of losing data and damaging hospital systems will not be the result of the US congress' wrong decision for allowing such a change, but because something had been done automatically [11]. The FBI claims that they will ... Get more on HelpWriting.net ...