NCJ Number
12944
Journal
Judicature Volume: 57 Issue: 4 Dated: (NOVEMBER 1973) Pages: 138-143
Date Published
1973
Length
6 pages
Annotation
DESCRIPTION OF FUNCTIONING, ADVANTAGES, AND CRITICISMS OF THE MAGISTRATES' COURTS, WITH COMPARISONS TO THE AMERICAN COURT SYSTEM.
Abstract
MORE THAN NINETY PER CENT OF ALL CRIMINAL CASES IN ENGLAND ARE TRIED BEFORE LAY JUDGES IN MAGISTRATES COURTS. DESPITE THE AMERICAN TREND TOWARD USE OF TRAINED LAWYERS, THE ENGLISH INSTITUTION OF LAY JUDGES IS PRESENTED AS MORE FIRMLY ENTRENCHED THAN EVER. THE LAY SYSTEM, WHILE AN ECONOMIC NECESSITY, IS PRESENTED AS BEING MORE HUMANE, WITH MAGISTRATES BEING MORE INVOLVED IN AND AWARE OF LOCAL CONCERNS, MORE RESPONSIVE AND FLEXIBLE, AND MORE LIKELY TO AVOID INDIVIDUAL PREJUDICES DUE TO THE GROUP DECISION PROCESS. CRITICS MAINTAIN THAT THE WORK SHOULD BE DONE BY PROFESSIONALS, THAT MAGISTRATES ARE TOO LENIENT, TOO HARSH, OR INCONSISTENT IN SENTENCING, AND THAT BAIL AND LEGAL AID ARE OFTEN DENIED. THE AUTHOR, HOWEVER, CONDITIONS THESE CRITICISMS BY REFERENCE TO SIMILAR PROBLEMS WITHIN THE AMERICAN PROFESSIONAL SYSTEM OR TO THE DIFFERENCES IN THE ENGLISH SYSTEM. THE AUTHOR SUGGESTS THAT SOME IDEAS CONTAINED WITHIN THE ENGLISH SYSTEM SHOULD BE INVESTIGATED FOR POSSIBLE AMERICAN USE, I.E., JUDICIAL TRAINING, VISITS TO PENAL INSTITUTIONS, GROUP DECISION-MAKING, AND THE USE OF PARA-PROFESSIONALS.