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飞机正在左右摇晃,周围没有任何的帮助，你作为没有经验的飞行员对每个在你私人飞机上的乘客都负有责任。天气不好不是你的错,但是,你控制着你的飞机，做出的决定掌握在你的手中,你的任务是在你经验不足的情况下运送乘客安全抵达目的地。这种情况类似于地方法庭上不合格的非专业人士有责任决定个人的犯罪行为是否有罪。对一个人的生活有这样的责任，而这个责任是巨大的,这种责任只能留给专业人士;在有法律人才的情况下才能得以实施。[1]

犯罪行为是一种过错,是指违反了一个社会的道德准则以及在这种状态下对其的惩罚。所有犯罪的举证责任是“排除合理的怀疑。”[2]

地方法庭(MC)

地方法院(MC)在英格兰和威尔士都视为“初审”刑事犯罪的法院,“大约97%的刑事案件都是在大约800个地方法庭审理,并且每年约有一百万例案件在地方法庭审理。”[3]

The Serious Decisions In Judging People Law Essay

A jet is in the midst of turbulence, there is no way around it and you as the inexperienced pilot have the responsibility of each passenger on your private aircraft. The weather is not your fault, nevertheless, the decisions you make to maintain control of your jet is in your hands; your task is to transport the passengers safely to their destination with your little to nil experience. This scenario is similar to that of unqualified lay persons in the Magistrates’ Court that have the responsibility of deciding whether or not individuals are guilty of criminal acts. Having this type of accountability over an individual’s life is considered enormous and is argued that the answerability should only be left to professionals; in this case legally qualified personnel’s. [1]

A criminal act is an offence that is considered as a breach of a society’s moral code and is punishable by the state. The burden of proof for all criminal offences is ‘beyond a reasonable doubt.’ [2]

The Magistrates’ Court (MC’s)

The Magistrates’ Courts (MC’s) in England and Wales are considered as “first instance” courts for all criminal offences, “approximately 97% of all criminal cases are heard in the roughly 800 MC’s, with around one million cases a year being heard by Magistrates’.” [3] Despite these statistics, MC’s are at the bottom of the hierarchy for criminal jurisdictions. Defendants who come before MC’s will either be in police custody, have been summoned to court, or are on bail. Defendants are required to get their own lawyers; however, there is a duty solicitor available if they fail to do so. In minor cases such as driving offences, defendants usually represent themselves. [4]

The MC’s controls two important procedures; committal proceedings and summary trials. Committal proceedings are initial hearings in the MC for indictable offences that must be sent before a jury to be tried in the Crown Court. Summary trials are minor offences that can be tried immediately before Magistrates. [5] These are the most popular cases in the MC’s and usually deal with offences related to driving and disorderly conduct. MC’s does not have the authority to give punishment that exceeds fines over 5,000 pounds or imprisonment over six months or twelve months for consecutive sentences. There are two types of Magistrates’: District Judges (legally qualified) and Lay persons (unqualified). [6]

Lay Persons in the MC’s

Lay persons (Magistrates’, also known as ‘justices of the peace’, JP’s) are similar to my inexperienced pilot; they are unqualified ordinary members of the general public. They volunteer their time and represent their community. JP’s do not receive salaries, but are compensated for travel expenses and financial loss allowances (those who are not paid by their employer whilst sitting as a Magistrate) [7] .