NCJ Number
51685
Date Published
1978
Length
93 pages
Annotation
PAPERS ON MATTERS AFFECTING MAGISTRATES' COURTS PRESENTED AT A SEMINAR ATTENDED BY REPRESENTATIVE MAGISTRATES FROM THROUGHOUT AUSTRALIA ARE INCLUDED, ALONG WITH SUMMARIES OF DISCUSSIONS FOLLOWING EACH PRESENTATION.
Abstract
THE SEMINAR 'THE MAGISTRATES' COURT 1976: WHAT PROGESS?' WAS CONDUCTED BY THE AUSTRALIAN INSTITUTE. THE INSTITUTE PLANS TO HOLD REGULAR MEETINGS OF THIS TYPE. ATTENDING WERE REPRESENTATIVE MAGISTRATES FROM ALL THE AUSTRALIAN STATES, THE NORTHERN TERRITORY, THE AUSTRALIAN CAPITAL TERRITORY, AND PAPUA, NEW GUINEA. A LIST OF PARTICIPANTS IS INCLUDED. ONE PRESENTATION TRACES THE HISTORY OF THE MAGISTRATES' COURTS (LOWER COURTS PRESIDED OVER BY LAY PERSONNEL) AND INDICATES THAT THE RESPONSIBILITY AND EXPECTATIONS FOR THESE COURTS HAS REACHED SUCH A LEVEL THAT THE QUALIFICATIONS FOR MAGISTRATES IN THE AREA OF LEGAL TRAINING MUST INCREASE AND ANY ACTUAL OR APPARENT CONNECTION OF THE COURTS TO POLICE OR THE EXECUTIVE BRANCH OF GOVERNMENT MUST CEASE. ANOTHER PAPER DESCRIBES THE ROLE OF THE MAGISTRATE IN THE CRIMINAL JUSTICE SYSTEM. LAWS DIRECTED AT CURBING THE CRIMINAL ACTIVITIES OF SECRET SOCIETIES AND DRUG TRAFFICKING IN SINGAPORE ARE CONSIDERED IN A THIRD PRESENTATION. IN A FOURTH PAPER, REASONABLE DISCRETION IN SENTENCING IS ADVOCATED, SUCH THAT THE NATURE OF EACH OFFENDER AND THE CIRCUMSTANCES SURROUNDING HIS OFFENSE MAY BE CONSIDERED, ALTHOUGH THE INTERESTS OF THE PUBLIC IN DETERRENCE AND SYMBOLIC JUSTICE WITH REFERENCE TO THE SEVERITY OF A CRIME ARE BELIEVED TO BE PARAMOUNT IN SENTENCING. A HISTORY OF THE ATTITUDES OF THE EUROPEAN AUSTRALIANS TOWARD THE INDIGENOUS ABORIGINES IS TREATED IN ANOTHER PRESENTATION. THE USE OF THE COMPUTER IN VARIOUS PHASES OF COURT ADMINISTRATION IS ADVOCATED AND DESCRIBED, AND THE GOAL AND OBJECTIVES OF JUDICIAL ADMINISTRATION ARE IDENTIFIED AND DISCUSSED IN TWO OTHER PAPERS. THE REFORM OF COMPENSATION FOR ACCIDENTS TO ELIMINATE THE NECESSITY FOR LITIGATION IS GIVEN A PRO AND CON TREATMENT IN THE FINAL PRESENTATION. (RCB)