The role of lay people Essay
The role of lay people
Learning is a necessary process for achieving business objectives an essential to improving organisational performance. It fills in the gap between the organisations currant capability and that needed to deliver the business results. From an individual point of view, it enables people to add to their stock of personal competences and develop their full potential. First you need to identify the individuals training needs, if this is not done the training will be a waste of time as they may already be trained in that area.
There are many ways of identifying their training needs; Observation – you can identify many needs just be looking. If you see them having problems with something you know that the need more training so they will know what to do next time. Speaking to the individual – simply asking them what they think they need help with can be very helpful as they know what they need help with. Speaking to people who work with the individual – someone may have seen an individual struggling. , they will be to tell someone to get them the right training Design training.
This part has to be systematic and consistent. This can be achieved by having set aims and objectives. Decide what learning method is best suited to the individual. Use of visual aids (flip charts, power point), discussions or involvement by participation. Build in assessments. This will allow you to check and monitor progress of delivery but also allow a check of knowledge. For P4 I’m going to write all about lay people in court. These include the jury and magistrates. I will explain their role/ purpose and all the qualifications needed for these roles.
Jury; The jury is a body of people whose purpose is to render an impartial verdict on a question officially submitted to them by a court. They decide if the defendant is guilty or not guilty. A jury in a criminal case will sit in court and hear all evidence that is presented by the defence and the prosecution. Both sides will make closing statements and then the judge will sum up the case. A jury can get help from the judge on areas of law that they are not sure about, but they cannot be influenced by the judge.
A jury cannot be told that they have to give a guilty verdict, they don’t have to give a reason. The jury members represent a cross-section of society and all jurors are asked to take an unbiased approach to the case. This means remaining open-minded, using common sense and applying their own life experiences so that a fair trial can take place. When you turn 18 and first vote you get put onto the electoral list. You will be summoned to court when you are needed they will inform you through post usually a month before.
15 individuals will be chosen to go in to court, they will be asked certain questions. After all of this only 12 will be chosen and three will be put on reserve. If you decide that you never want to vote then you wont be put on the electoral list – you can also take your name of. Some people will never chosen and some can be chosen three times or so. To be on the jury you don’t need any qualifications so it doesn’t matter what job you have you can be chosen no matter what.
You will never be picked for jury duty if you are either blind or death – if your blind you wont be able to examine the individual on trial to see if they look guilty. If you’re death you will need an interpreter which counts as an extra person on the jury which isn’t allowed. There are certain ways to get your self disqualified as well – if you know the person on trial. This is in case you are biased when making a verdict. If you talk about the case to people other then the jury – some people may be influenced by others opinion making them change their mind on what verdict should be given.
Summoning; if you get picked for jury duty you will receive a letter summoning you to the court you must go. If you don’t turn up you can be fined up to ? 1,000. Vetting; this is when individuals get asked questions before they get chosen for jury duty. Challenging; each attorney in a jury trial to request that a juror be excused. There may be a “challenge for cause” on the basis the juror had admitted prejudice or shows some obvious conflict of interest which the judge must resolve.
More common is the “peremptory challenge,” which is a request that a juror be excused without stating a reason. An attorney might say: “Juror number eight may be excused. ” Unanimous verdict; every agrees on the verdict weather it be guilty or not guilty. if all 12 members cant decide then the judge may except 11-1 or 10-2 but only in rare cases. Magistrates; All magistrates sit in adult criminal courts as panels of three, mixed in gender, age and ethnicity whenever possible to bring a broad experience of life to the bench.
All three members have equal decision-making powers but only one speaks in court. Magistrates do not require training. but must undertake a compulsory programme of training which prepares them to sit in court. Magistrates deal with over 95% of all criminal cases Magistrates hear less serious criminal cases, such as minor theft or criminal damage. Magistrates cannot normally order sentences of imprisonment that exceed 6 months (or 12 months for consecutive sentences) or fines exceeding ? 5,000.
Magistrates also decide many civil matters, particularly in relation to family work. Magistrates’ civil jurisdiction also involves the enforcement of financial penalties and orders such as those in respect of non-payment of council tax. When applying to become a magistrate an application form must be filled in, references are taken up and at least one, usually two interviews are held before a decision is made. These are then passed to the Lord Chief Justice for approval, before being submitted to the Lord Chancellor to make the appointment.
There is some personal qualities that need to be taken into consideration when the lord chancellor chooses the magistrates; Good character (Personal integrity – respect and trust of others – respect for confidences – absence of any matter which might bring them or the Magistracy into disrepute – willingness to be circumspect in private, working and public life) Understanding and communication (Ability to understand documents, identify and comprehend relevant facts, and follow evidence and arguments – ability to concentrate – ability to communicate effectively.
Social awareness (ethnic, cultural and social awareness. Cant be influenced by their own opinion Maturity and sound temperament (Ability to relate to and work with others – regard for the views of others – willingness to consider advice – maturity – humanity – courage – firmness – decisiveness – confidence – a sense of fairness – courtesy.
Sound judgement (Common sense – ability to think logically, weigh arguments and reach a balanced decision – openness of mind – objectivity – the recognition and setting aside of prejudices) Commitment and reliability – commitment to serve the community – willingness to undertake at least 26 and up to 35 half day sittings a year – willingness to undertake the required training – ability to offer requisite time – support of family and employer – sufficiently good health.