INTRODUCTION
Following close observations of criminal proceedings, many key issues of local court proceedings and bail in the criminal justice system were salient. These include the difficult balance between efficiency and due process in the local courts, and various issues concerning bail such as its undermining of the presumption of innocence as it punishes individuals before judgment, adverse repercussions for young people and difficulties in balancing justice for both the individual and society.
TECHNOCRATIC JUSTICE VS DUE PROCESS
Technocratic justice where there is an increased emphasis on efficiency, is a goal in local court proceedings as magistrates are pressured with hearing many cases in a short amount of time, and consequentially due process is sacrificed.
While this emphasis on technocratic justice is irrefutably evident in the local courts, and has adverse consequences, it should be noted that procedures to handle many cases is required and is beneficial to some extent. For example, all licence appeals were heard by one magistrate and this routine procedure allowed for maximum efficiency and uniformity, especially as most matters were similar such as speeding. Similarly, in the …show more content…
This was evident immediately after stepping into a local court room as the room was full and defendants and their legal representatives had to wait outside on many occasions. Further, O’Brien DCM grouped and redirected many cases to other magistrates due to overcrowding and to attempt to increase productivity. My observations fortify Shalovsky’s critique of the increase in the local court’s jurisdiction as it overloads magistrates and increases time and cost
Following close observations of criminal proceedings, many key issues of local court proceedings and bail in the criminal justice system were salient. These include the difficult balance between efficiency and due process in the local courts, and various issues concerning bail such as its undermining of the presumption of innocence as it punishes individuals before judgment, adverse repercussions for young people and difficulties in balancing justice for both the individual and society.
TECHNOCRATIC JUSTICE VS DUE PROCESS
Technocratic justice where there is an increased emphasis on efficiency, is a goal in local court proceedings as magistrates are pressured with hearing many cases in a short amount of time, and consequentially due process is sacrificed.
While this emphasis on technocratic justice is irrefutably evident in the local courts, and has adverse consequences, it should be noted that procedures to handle many cases is required and is beneficial to some extent. For example, all licence appeals were heard by one magistrate and this routine procedure allowed for maximum efficiency and uniformity, especially as most matters were similar such as speeding. Similarly, in the …show more content…
This was evident immediately after stepping into a local court room as the room was full and defendants and their legal representatives had to wait outside on many occasions. Further, O’Brien DCM grouped and redirected many cases to other magistrates due to overcrowding and to attempt to increase productivity. My observations fortify Shalovsky’s critique of the increase in the local court’s jurisdiction as it overloads magistrates and increases time and cost