. "The biggest obstacle to the just deciding of cases by lay magistrates' is the human element. Lay magistrates' are selected from a narrow group of people and are inadequately trained." Discuss.
Answer:
In light of the phrase 'the just deciding of cases' the decisions being made must be fairly decided. In order to achieve a fair decision the decision made must be decided right in law and right in right in circumstances. The question said that the decisions being made are unfair because of the 'human element'. The 'human element' as being said is because the lay magistrate are unprofessional and have not been trained on the law. The way which the lay magistrates were selected as described 'from a narrow group of people' shown that the people selected stay or work nearby the area of the court. In the question it also mentioned about the fact that the lay magistrates are 'inadequately trained' saying that they have not go through all the training it needed to be judges.
Lay magistrates, who were also known as Justices of Peace and must be of 'good character' with personal integrity, sound common sense and, of course, the ability to weigh evidence and reach reasoned decisions on the basis of that evidence. The human element have allowed them to reach decisions which are less stereotyped and suits the needs of the society more. They know what the society want and since they stay or work in the society they serve and they know the society better then the district judges know. The district judges who are well trained on the law are more likely to be personal bias due to their personal background such as the educations. Whereas the lay magistrates which have different backgrounds are more unlikely to be bias. The way they are selected by the Local Advisory Committees also ensure they reflect as the balance of gender, ethnic origin, geographical spread, occupational, political affiliation have been met. They also meant to be less case hardens then the district judges. As they were described as 'democratic jewel beyond price' by Lord Bingham this shown how much their 'human element' was appreciate in the system. They tend to show more sympathy and concern to the grieve parties. The 'human element' of them also let them to use simpler language than the stipendiary judges use and this will let the parties involved which are the lay men to understand them better. Therefore the 'human element' should not be considered as the biggest obstacles but should be seen as a great advantage of the lay magistrates.
Answer:
In light of the phrase 'the just deciding of cases' the decisions being made must be fairly decided. In order to achieve a fair decision the decision made must be decided right in law and right in right in circumstances. The question said that the decisions being made are unfair because of the 'human element'. The 'human element' as being said is because the lay magistrate are unprofessional and have not been trained on the law. The way which the lay magistrates were selected as described 'from a narrow group of people' shown that the people selected stay or work nearby the area of the court. In the question it also mentioned about the fact that the lay magistrates are 'inadequately trained' saying that they have not go through all the training it needed to be judges.
Lay magistrates, who were also known as Justices of Peace and must be of 'good character' with personal integrity, sound common sense and, of course, the ability to weigh evidence and reach reasoned decisions on the basis of that evidence. The human element have allowed them to reach decisions which are less stereotyped and suits the needs of the society more. They know what the society want and since they stay or work in the society they serve and they know the society better then the district judges know. The district judges who are well trained on the law are more likely to be personal bias due to their personal background such as the educations. Whereas the lay magistrates which have different backgrounds are more unlikely to be bias. The way they are selected by the Local Advisory Committees also ensure they reflect as the balance of gender, ethnic origin, geographical spread, occupational, political affiliation have been met. They also meant to be less case hardens then the district judges. As they were described as 'democratic jewel beyond price' by Lord Bingham this shown how much their 'human element' was appreciate in the system. They tend to show more sympathy and concern to the grieve parties. The 'human element' of them also let them to use simpler language than the stipendiary judges use and this will let the parties involved which are the lay men to understand them better. Therefore the 'human element' should not be considered as the biggest obstacles but should be seen as a great advantage of the lay magistrates.
