Advantages and disadvantages of a juries and lay magistrates

Investigations into deaths Section 1: In some jurisdictions, such as France and Braziljury trials are reserved, and compulsory, for the most severe crimes and are not available for civil cases.

The morals of New York must be in a precious condition, as would appear from the following. Pomeroy, Infelt of St. Before the jury is sworn in both the prosecution and defence have certain rights to challenge one or more of the jurors. They are from every state of the Union -- healthy, though pale and poor about the face, cheek [bones] apparent.

Subsection 2 specifies the service personnel that are covered, namely members of the regular and reserve forces who, when they die, are subject to service law which governs all members of the armed forces under section of the Armed Forces Actand are on active service, preparing for or supporting active service, or engaged in training for active service.

Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence. An draft on criminal procedure produced by the Prussian Ministry of Justice proposed to abolish the jury and replace it with the mixed system, causing a significant political debate.

Where there is a full jury of 12 the verdict can be or for either guilty Advantages and disadvantages of a juries and lay magistrates not guilty. This is apart from the commissioning of post-mortem examinations, where appropriate, and associated duties in relation to the body of the deceased person.

The coroner may not discontinue the investigation if he or she suspects the deceased died a violent or unnatural death, or died whilst in state detention. There may be cases where the Lord Advocate initially decides that it would be appropriate for a Fatal Accident Inquiry to be held into the circumstances of the death but, for whatever reason, the Lord Advocate reverses this decision.

The present qualifications are set out in the Juries Act so that to qualify for jury service a person must be: As far back as the public press was accusing top Mormon leaders of practicing bigamy, adultery or polygamy, under the guise of "peculiar" religious teachings.

The Hentys led the invasion; Batman and Fawkner carried it on in another direction. Each point has to be explained carefully to the jury and the whole procedure of the case takes longer. The jury retire to a private room and make the decision on the guilt or innocence of the accused in secret.

Convicts holding tickets of leave who have served with good conduct for a period which renders them eligible for emancipation might obtain that indulgence on condition of residing in Southern Australia—a measure which would be advantageous in drafting off part of our convict population, and thereby making room for the usual succession of transported felons to be certainly punished and probably reformed in Van Diemen's Land.

This spared the government the cost of fact-finding. Jury trials tend to occur only when a crime is considered serious. There is gold enough among them to pay for all goods sent to them.

The magistrates in front of whom you first appear have to decide whether the case is suitable for summary trial. The successor to Joe Smith -- Brigham Young, is about forty-five years old. A majority of at least six jurors must find that the defendant has committed the alleged crime.

Western Australia allows five peremptory challenges per side. In the reformed system, the Chief Coroner might also decide that no investigation is necessary. Character witnesses These are the last to be called.

Advantages and Disadvantages of Lay Magistrates

Russia[ edit ] In the judiciary of Russiafor serious crimes the accused has the option of a jury trial consisting of 12 jurors. They are no longer able to refuse to do jury service but they can apply for discretionary excusal.

In the play, the innovation is brought about by the goddess Athenawho summons twelve citizens to sit as jury. All kinds of merchandize are high and scarce. The Governor does not approve of granting the concessions asked for. Since South Australia has permitted majority verdicts of Challenging Once the court clerk has selected the panel of 12 jurors these jurors come in the jury box to be sworn as jurors.

The Criminal Code also provides for the right to a jury trial for most indictable offencesincluding those punishable by less than five years' imprisonment, though the right is only constitutionally enshrined for those offences punishable by five years' imprisonment or more.

Defence closing speech This is the chance for you each to sum up the legal or moral elements of your defence, to highlight the evidence pointing to your innocence, and to invite the magistrates to acquit you.

Defence witnesses Normally each side is permitted to make only one speech — the prosecution makes an opening speech, and the defence a closing speech.

Both costs and compensation are pursued in the same way as fines see below. During these periodical visits they have found out islands, rivers, headlands and made various other geographical discoveries which have not been laid down in any Chart or Map hitherto published, he has also ascertained that many parts of the South Coast are faced with land to a considerable extent well calculated for sheep, a great portion of which your Memorialist conceives can be made available by industrious settlers.

This way the laymen are in control of both the conviction and sentencing, as simple majority is required in sentencing. One issue that has been raised is the ability of a jury to fully understand statistical or scientific evidence. Thomas Henty himself went out to Tasmania, from whence he proceeded to see the land at Swan River, of which, like his sons, he formed an unfavourable opinion.

Without the legitimacy of religion, trial by ordeal collapsed.

Lay magistrates advantages and disadvantages

This section gives the senior coroner the power to transfer responsibility for the investigation of a death to another coroner, where that coroner agrees.On balance there are distinct potential advantages for the defendant in a formal procedure undertaken days or weeks after an identification made in the heat of the moment, in spite of the risk that a mistaken identification may be reinforced.

Start studying Lay people advantages and disadvantages. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The most fortunate of us, in our journey through life, frequently meet with calamities and misfortunes which may greatly afflict us; and, to fortify our minds against the attacks of these calamities and misfortunes, should be one of the principal studies and endeavours of our lives.

Assess whether Lay Magistrates should be replaced by District Judges Lesson Objectives In your groups, you will be creating a presentation on either the advantages or disadvantages of Lay Magistrates which you will present to the class.

evaluate the effectiveness of lay personnel and the advantages and the disadvantages of magistrates and jurors.

Lay members (Magistrates) have legal advisers within points of law and live locally as they have to live close so that they know the area well.

Notes on the State of Virginia by Thomas Jefferson - Part 2. Notes on the State of Virginia is Thomas Jefferson's only published book. He wrote it inwith updates inin response to questions asked him by Francois Barbe-Marbois, the Secretary of the French Legation to America at the page is part 2 of Notes on the State of Virginia.

Advantages and disadvantages of a juries and lay magistrates
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