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COMPULSORY TRAINING OF THE MAGISTRACY

NCJ Number
58155
Journal
Criminal Law Review Dated: (1975) Pages: 634-643
Author(s)
J BALDWIN
Date Published
1975
Length
10 pages
Annotation
REACTIONS OF RECENTLY TRAINED MAGISTRATES IN ENGLAND TO BASIC TRAINING THEY HAD RECEIVED IN DEVELOPING A JUDICIAL APPROACH THROUGH KNOWLEDGE OF COURT PROCEDURES, RULES OF EVIDENCE, AND SENTENCING OPTIONS WERE STUDIED.
Abstract
A NINE-PAGE QUESTIONNAIRE WAS DEVISED AND SENT TO A SAMPLE OF MAGISTRATES IN MAY 1974. THE PURPOSE OF THE QUESTIONNAIRE WAS TO OBTAIN THE VIEWS OF MAGISTRATES ON THEIR EXPERIENCES IN BASIC TRAINING, COLLECT FACTUAL DATA ABOUT SOCIAL CHARACTERISTICS OF MAGISTRATES, AND OBTAIN MAGISTRATE OPINIONS ON HOW BASIC TRAINING COURSES MIGHT BE IMPROVED. OF 372 QUESTIONNAIRES SENT, 75.2 PERCENT WERE RETURNED. THREE MAIN FINDINGS EMERGED FROM THE ANALYSIS OF DATA. FIRST, MAGISTRATES IN THE SAMPLE WERE WELL-SATISFIED WITH THE BASIC TRAINING THEY HAD RECEIVED. SECOND, THERE APPEARED TO BE RELATIVELY WIDESPREAD DISREGARD OF FUNDAMENTAL REQUIREMENTS IN THE BASIC TRAINING SYLLABUS. THIRD, THERE WERE LARGE VARIATIONS IN THE DEPTH AND VARIETY OF COURSES OFFERED AMONG BENCHES AND IMPORTANT DIFFERENCES BETWEEN URBAN AND COUNTY BENCHES. DEFICIENCIES IN BASIC TRAINING, AS REPORTED BY MAGISTRATES, CLEARLY DEMONSTRATED THAT THERE IS CONSIDERABLE SCOPE FOR IMPROVING BASIC TRAINING COURSES. MANY MAGISTRATES FELT THAT MORE TIME COULD HAVE BEEN USEFULLY DEVOTED TO SENTENCING EXERCISES AND OTHER PRACTICAL EXERCISES. FURTHERMORE, ONE IN THREE MAGISTRATES INDICATED THEY WOULD WELCOME GREATER OPPORTUNITY TO DISCUSS CASES INFORMALLY. BECAUSE FUNDAMENTAL QUESTIONS ABOUT THE ADEQUACY OF BASIC TRAINING REQUIREMENTS HAVE BEEN RAISED, THE UPGRADING OF REQUIREMENTS IS ESSENTIAL SO THAT MAGISTRATES ARE PRECEIVED BY THE PUBLIC AS HAVING THE EXPERTISE AND JUDICIAL TEMPERAMENT NECESSARY TO THE EQUITABLE ADMINISTRATION OF JUSTICE. SUPPORTING DATA AND FOOTNOTES ARE INCLUDED. (DEP)

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