The diversity of lay magistrates in England and Wales. Lay people can refer to lay magistrates and juries. If the jury found the defendant guilty, the jury spokesperson, and three other jurors selected at random, served as lay judges during the sentencing. Public Opinion towards the Lay Magistracy and the Sentencing Council Guidelines: The Effects of Information on Attitudes . Common Laws are laws that have come about of been enacted based on court rulings. Civil Law vs. Common Law. They do not sit alone in the family court. The main difference between jury and judge is that a jury is a group of people, whereas a judge is an individual. Lay magistrates get paid a 'stipe' which is called a "stipend" thus the term stipendiary comes from. Over four hours: 93.27 Night subsistence: 100.00 Day Subsistence 4 - 8 hours: 7.45 Day Subsistence 8 - 12 hours: 10.38 Day Subsistence Over 12 . Local knowledge - community concerns and interests represented. And both are made up of regular people of society but Lay magistrates only exist within a magistrate court whilst Juries only exist in the Crown Court, and never in a magistrates court. The diversity of lay magistrates in England and Wales. When it comes to the evidence presented in court the judge and barrister have the role of making sure that the jury is able to follow the evidence. Advantages and Disadvantages of Magistrates Lay involvement - public participation in the justice system. When hearing a case in court both magistrates and judges have to be unbiased and have no prejudices. As being said that they handle very limited types of cases, these types include (but can vary from state to state): Child Support, Alimony, custody issues, family issues, family property use. Modern Ideologies of Human Difference (HIST7356) Land Law (LAW6001-B) . They decide whether the defendant is guilty or not guilty by looking at the evidence presented e.g., witnesses and CCTV, they assess the credibility of the evidence and determine what is fact and what is false. Magistrates are advised on points of law by the magistrate's clerk. Alternative safeguards: a requirement for two lay magistrates alongside a judge Supposing, however, that Covid-19 rendered seven-person juries practically impossible, 'judge-only' trials should still be avoided at all costs. 12. 2.A . Jury is a body of people sworn in while judge is a single person. Lay people are mainly used in magistrates' courts and crown courts but in the past were used in the high court to deal with civil cases. Are lay magistrates . Are juries consistent? Click again to see term . The Necessity of Jury for a Fair Trial & Article 6 . 11.When you consider the pros and cons of lay judging and especially when you want to establish the arguments for lay judges you have start with the tradition. Compare and contrast the role of and function of judges, lawyers and lay people within the English courts Lay people are individuals with no legal training from a variety of backgrounds which is said to be used to promote an equal society. The primary responsibility of a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. A judge has more value in the eyes of law and thus is granted more control. 1999 there were 90, of whom about 20% were . Judges, on the other hand, have great authority over matters and generally hear larger, more complex cases. The Romanian criminal system is substantially different from the system in the United States. Magistrates are unqualified and not paid. US Jury System The use of juries to decide cases is a distinguishing feature of the. Jury is comprised of jurors who are people drawn from various walks of life and sworn in to arrive at impartial decisions or verdicts. The Experience of Ethnic Minority Magistrates. The right may be waived by a defendant, who may opt for a bench trial in lieu of a jury trial. Therefore, while they are both official representatives of the Crown, their roles significantly differ. Instead, the US has specific courts for bankruptcy etc. Advantages. What is the difference between Judge and Jury? Lay magistrates usually sit alone in court. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process. The more serious offences are passed on to the Crown Court, either for sentencing after the defendant has been found guilty in a magistrates' court, or for full trial with a judge and jury. Also lay magistrates are not educated in law. The basic difference between barristers and solicitors is that a barrister mainly defends people in court and a solicitor mainly performs legal work outside court. They both have to make sure that no party is treated . By Julie Vennard and Gwynn Davis. A regular jury is if the case actually . Lay persons are not qualified in law and are unpaid. Juries can still occasionally be used in civil cases. . Are lay magistrates . Magistrates have a smaller area of jurisdiction such as a city or county. 33. Magistrates' courts commit the trials of more serious crimessuch as murder, rape, and robberyto the Crown Court system. The real contrast is with magistrates in 2000. 1. Also it is cheaper to send cases to lay magistrates than using professional judges because they are cheaper and do their work voluntarily. Summary: 1.A jury is a group of ordinary individuals who are chosen by a court to hear the evidence presented by both the defendant and the plaintiff and gives a verdict on a case while a judge is a person who has studied law and is knowledgeable about it and can be appointed by the government or elected to preside over a court proceeding. It is indeed true that both of them differ in their powers. Lay magistrates allow unqualified individuals to represent the public in the legal process. What is the difference between Judge and Jury? One of the founding stones of civilization is law and order. Summary offences dealt with here include drink . Most people confuse them to be similar designation with different names but this is not the case. Jury is a body of people sworn in while judge is a single person. mike omotosho. What's the difference between a lay magistrate and a magistrate? If a case is appealed from the Magistrates' Court to the Crown Court, what powers does the Jury duty must be honoured and only in exceptional circumstances will people be allowed to miss jury service. Failure to respond to a summons can result in a fine. Summary: 1. Each has his/her respective function, but they're all engaged in resolving the same dispute. mike omotosho. Jury vs Judge. Lay magistrates, otherwise known as Justice of the Peace sit in magistrate's courts, generally in groups of three, whereas district judges usually sit alone. Jury is comprised of jurors who are people drawn from various walks of life and sworn in to arrive at impartial decisions or verdicts. To become a lay magistrate you must be over 30. There is a difference between the power given to a judge over a magistrate. The Experience of Ethnic Minority Magistrates. The Necessity of Jury for a Fair Trial & Article 6 . Judges generally have great authority over matters, where a magistrate would be given a more narrow scope of authority. Juries. M1: Compare the roles and functions of paid and lay personnel within the court system of England and Wales. Explain the difference between civil law and criminal law. To help you distinguish between the tw. As a matter of fact, a judge is bestowed with more powers than a magistrate. and later in the Roman empire, lay judging is the original form of rendering justice; justice was carried out by an assembly of all free men in ancient times . This article starts from the opposition between professional judgement and lay judgement in confrontations between magistrates and citizen jury members in the Court of Assizes since 1790. The lower tier is made up of lay and professional magistrates. Answer (1 of 2): In most courtrooms they're all involved in the same task: producing a verdict in a case. The differences between the autonomy of professional judgements and the social framework surrounding lay judgements become gradually more nuanced. 13. The jury was chosen from the same list as the lay judges, meaning that lay judges in the appellate courts also served as jurors. Judges generally have great authority over matters, where a magistrate would be given a more narrow scope of authority. The purpose of law and order is to correct wrongs, maintain the stability of political and social authority, and deliver . (Note: In most places, magistrates are lawyers. The differences between magistrate and judge can be drawn clearly on the following premises: A judge can be described as a person who arbitrates, i.e. 4. Essay Sample Check Writing Quality. 14. 778. The United States has a constitutionally modified system rooted in English Common Law that is known as a "common law system." A common law system is also known as a case law system. The Auld report of 2001 proposed a middle level of court between the magistrates' and crown courts, comprising lay and professional judges. the one who gives the verdict on someone or a case in the court of law. The primary responsibility of a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. Instructions. The jury is selected by the court, and the judge is appointed by the government. Topics: Judge, Jury, Law, Verdict, Not proven. District judges sit in the county and magistrate's court; an additional name for district judges is stipendiary judges. . Lay magistrates have been quoted to be: "Middle-class, middle-aged and middle-minded" With little in common with the young working-class defendant that are the vast majority of the defendants. Instead, we should follow the Jurat model applied in the Channel Islands, whereby a Judge sits with two magistrates. 5, merit 1, distinction 1 Martyn McCarthy Pass 4- Describe the role of lay people in criminal cases and Distinction 1- Evaluate the effectiveness of lay people in the English courts Lay magistrates All magistrates begin their magisterial career in the adult court where they deal with crimes which can have the most widespread impact on communities; for example, anti-social behaviour and alcohol . Summary: 1.A jury is a group of ordinary individuals who are chosen by a court to hear the evidence presented by both the defendant and the plaintiff and gives a verdict on a case while a judge is a person who has studied law and is knowledgeable about it and can be appointed by the government or elected to preside over a court proceeding. Juries also have to hear evidence presented in court as it is part of their role to make a . Magistrates are Unpaid (Apart From Their Expenses) Saves 100m Approx. A judge is different from a magistrate in more than one aspect. Judges & Magistrates-. Q. Another similarity between judges and barristers is that they both receive a salary unlike magistrates. We offer high-quality assignments for reasonable rates. The Crown Court is the upper tier and a judge and a jury hear trials. 3. The tangible benefits of lay magistrates playing a part in the judicial process includes: Lay people have local knowledge which can be invaluable; They come from a wide range of careers bringing a variety of . The judge determines the points of law and sentencing while the jury decides on issues of fact. The magistrate is known to have powers more of an administrator, and most of them handle only minor offences. Magistrates have a smaller area of jurisdiction such as a city or county. Appeals and appellate courts -Questions Answer the following questions: 1. As nouns the difference between magistrate and juror. Magistrates are volunteers in the system, but Jurors are not and are summonsed to appear at court and perform the role of being a juror as a civic duty. "Juries, Lay Judges, and Trials" describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. Evaluate the impact of differences in jury size and unanimity requirements. Because of the nature of their dealings, magistrates' courts are limited in the kinds of sentences and the sort of offence they deal with. He is known to have powers more of an administrator. Judges can preside over a large area, sometimes the entire country. In fact, the Magistrate gives initial decisions in criminal cases. The office of justice of the peace has its origins in . The rules often change depending on the case and the surrounding situation. There is a difference between the power given to a judge over a magistrate. Cost - they are volunteers and therefore relatively cheap, though do take longer to make decisions than . In the end . Even though there were professional judges in Ancient Greece 600 years B.C. For example, do those plaintiffs who suffer greater damages receive greater awards? is that magistrate is (legal) a judicial officer with limited authority to administer and enforce the law a magistrate's court may have jurisdiction in civil or criminal cases, or both while juror is a member of a jury. The UK has a rich and successful history of having lay people involved, as lay magistrates, in the judicial decision making of the courts. Penelope Gibbs. By Julie Vennard and Gwynn Davis. Also it is cheaper to send cases to lay magistrates than using professional judges because they are cheaper and do their work voluntarily. The stipendiary magistrate can sit alone, but lay magistrates may sit only as a bench of two or more. In 2011, magistrates' courts dealt with around 19 out of every 20 defendants in criminal cases. Penelope Gibbs. M1- Comparison of the roles of judges, magistrates, barristers, solicitors and juries. Lay magistrates, otherwise known as Justice of the Peace sit in magistrate's courts, generally in groups of three, whereas district judges usually sit alone. Do civil juries follow the broad dictates of the law? This is an important difference between the two terms. Essay M1: Compare the roles and functions of paid and lay personnel within the court system of England and Wales. If a case is appealed from the Magistrates' Court to the Crown Court, who will hear the case? District judges sit in the county and magistrate's court; an additional name for district judges is stipendiary judges. 5. As being said that they handle very limited types of cases, these types include (but can vary from state to state): Child Support, Alimony, custody issues, family issues, family property use. Today, in England and Wales, the word is used to describe a justice of the peace.. Disadvantages of lay magistrates It is not a 'trial by peers,' as opposed to a trial by jury - In approximately 90% of all cases, magistrates find the defendants guilty. In the past, a solicitor's advocacy work was restricted to magistrates' courts (where less serious cases are dealt with) and . In this article, we will discuss the . To become a lay magistrate you must have a good character, maturity, social awareness and sound temperament. Juries are scarcely likely to be better, given that the only significant difference between jurors and magistrates is that at least magistrates are likely to have some experience. They have the same powers as a bench of 2 magistrates. Magistrates often have a narrow scope of authority and they hear short and less complex matters. On the contrary, a magistrate is a regional judicial officer who is elected by the judges of the high court of the . Answer (1 of 4): Both ultimately determine the verdict of the case. Judge is a person competent in law, and appointed to decide cases in a court of law and . The jury is selected by the court, and the judge is appointed by the government. Magistrates' Court. 2. This means that magistrates need an element of legal training before undertaking their role, but this isn't true of juries. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. Judges can preside over a large area, sometimes the entire country. Over 95% of criminal cases are dealt with by magistrates. On the contrary, the judge makes decisions in serious and complex cases, in . Although lay magistrates and district judges do a very similar job there are many differences between how they work, their qualifications and employment. The Auld report of 2001 proposed a middle level of court between the magistrates' and crown courts, comprising lay and professional judges. 11. Probable Cause: The first difference between a grand jury and a trial jury is that a grand jury will show that there was probable cause that a crime was committed and in their opinion enough evidence to take it to trial the trial jury will only sit for one trial and decide the facts in that case. Judges have more authority. Magistrates come from a ride range of backgrounds than professional judges and are much older then district judges. Local knowledge of the area in which they serve, thus making it easier to hear evidence as they know the surroundings Paul v DPP: whether or not a kerb-crawler was likely to be a nuisance to the neighborhood. In fact in the last year the magistracy became less diverse, partly because recruitment is more or less frozen. To help you appreciate the criminal justice process from the outset we watched in . 55.5 per cent of magistrates are now 60 and over (up 1.6% vs a year before) and 15.9 per cent are under 50 (down 0.9% compared to the previous year). Tweet. Jury vs Judge. Lecture 2 Summary Notes on Juries and Magistrates magistrates and juries lay people in the legal system advantages of lay people disadvantages of lay people . They have the same powers as a bench of 2 magistrates. The difference between the use of lay people in magistrates and crown courts are that in the magistrates court the lay people do the sentencing but in the crown court this is left up to the judge. As the less important cases are handled by the magistrates, the judges are free to focus on complex cases. The jury takes help from the judge for judgment on a case, but the judge would not take help from the jury instead, the judge takes help . Juries in the UK are selected at random as British residents who are between the ages of 18 and 70 and on the electoral roll are eligible for jury service.