I had a friend in high school who wanted to be a judge, so I don't see why it shouldn't be feasible, since their duty is to interpret the law, not according to personal whims, but, well, by the book. But surely some life experience is in order, first? 19 seems so young for those heady responsibilities..
Interpreting the law (which everyone knows is an ass (that's 'donkey' for arseygurl)), is not the same thing as dispensing justice. To be a dispenser of justice requires many years of life experience and a 19 yr old, no matter what her academic leanings, ain't the right person. To actually take the post (or even want it) at her age is sufficient proof, if any were needed, that her appointment is gross folly.
I suppose there's no reason why the right nineteen year old (although definitlely not the majority of nineteen year olds) couldn't be just as competent as anyone else at reaching decisions on sentencing etc.
But the post requires a certain gravitas, and it's hard to see how any adult could take seriously the advice, warnings, or reprimands delivered to them by a kid.
I agree with Mississippi. I know that if I was ever to be hauled up before a magistrate, I'd feel very unhappy and uneasy indeed if it was a teenager still in education. That's not to be dismissive of either teenagers or education. It simply comes down to that 'life experience' thing; the gravitas, as maddan says. This is someone who's 1 year out of school, and who's only just reached the age of majority. Just barely an adult. I wouldn't feel I was being judged by a peer. I'd feel the same if I had to sit before a jury composed entirely of 19 or 20-year-olds.
A teenager wanting to be a judge is quite a different thing altogether - in the UK, at least. For one thing, you cannot even be considered for an appointment until you've been a practising lawyer (solicitor or barrister) for at least 10 years, which effectively rules out anyone under 32 or 33. It's also quite laudable, I think, if they want to be a judge rather than just remaining a solicitor or barrister, since judges, highly-paid though they are (even a common old District Judge makes around £100,000 per annum), they could probably still make far, far more in private practice. So perhaps it shows that money isn't the primary motivation.
It may, though, also be the power trip! There must be a lot of people who watch Judge Judy and think "Hey, I want to do that!"
Well, isn't that what I said, Missi?
I don't think you can just 'go be a judge' in the States, either. I'm sure you have to pass the state bar exam to be a lawyer first, then clock up some hours/experience first before putting on the robes. Thankfully in the States they don't have to wear those stupid wigs.
No it's not what you said. You said you saw no reason why it shouldn't be feasible. I believe the lack of experience IS a reason. You were non-commital whereas I'm set in stone on the issue.
'that 'life experience' thing'
hmmm. I feel that some people of 50 may not have had the life experience of some 19 year olds... a magistrate being 19 is not the same as a jury full of 19 year olds.... this particular magistrate would have been chosen because she was deemed to have the requisite life experience, or whatever.
Each person's life is full of very different things. I would hate to presume, by looking at someone's outside, what was going on on the inside, what that person had been through or not been through, and how qualified they were to make good judgements.
The best bit of advice I was ever given is, 'Bought experience is the best'.
My own theory is that it takes 50 years to get 50yrs experience.
I don't care what anyone says, a 19yr old cannot have the wisdom necessary, it isn't possible.
At least, not in every single circumstance. I wasn't saying any old 19 year old would have a lot of life experience, I'm saying that every individual is different.
Hmm. I don't think 'wisdom' has much to do with 'experience'. A 19 year old's decisions would probably be based on different ideas, but experience can cloud judgement as much as it can enhance it. A person who has had a lot of bad experience with youth will probably pass a less wise judgement than someone who hasn't had that experience.
In addition, it's entirely possible for a judge to be in their forties or fifties and still have no *relevant* experience.
I think authority is the bigger problem. 19 year olds just aren't monstrous-looking enough to be magistrates. Maybe if they shaved her head, gave her an uzi and a ten-strong gang backing her up.
~
I'll Show You Tyrants * Fuselit * The Prowl Log * Woe's Woe
Okay, point taken, Rioja. And I agree that many 50-year-olds may not have had the life experiences of many 19-year-olds. By the age of 19, someone may have travelled around the world, learned a language or two, experienced a few different cultures, whereas I know middle-aged people who've barely set foot outside their own home town (not that that means anything: the most brilliant, rational and 'worldly' person I know is in his fifties and has never been abroad). And, of course, many older people are set in their views. We can probably all provide anecdotal evidence to back up these arguments, too. I, for instance, went to uni as a mature student without formal qualifications and was sharing seminars with students of 18 or 19 who had far more extensive educations than I'd had, and who also had 3 or 4 A levels. Yet the differences in the way they performed, as opposed to the mature students, was quite astonishing in many cases. The mature students to a person wanted to learn, had enquiring minds, brought so much more depth into the discussions. A few lecturers made it quite clear that they found mature students hard work - they were more used to dealing with young, impressionable brains. But, like I said - that's anecdotal, and it's generalising. Of course, there are very bright ones.
Brightness isn't enough, though. It needs to be honed by some of the difficulties that most of us only experience out in the world as adults: finding work, earning enough, being skint, getting through the difficulties, interacting with others from all age groups and sectors of society.
What we're talking about with the magistracy is a serious public appointment, calling for deep knowledge of the law, and for the kind of wisdom and (hopefully) objectivity that can only be found, in my opinion, in a more mature person. The other thing is that magistrates may be making judgments in matters of criminal law that even fall beyond the jurisdiction of a District Judge handling civil and family matters - and the DJ will have been practising law for 10 years at the very least, and will have had the opportunity to build a substantial body of knowledge both of legal practice and human behaviour. It is a huge and demanding responsibility. Too big, I feel, to be dealt with effectively by someone so young.
BUT.... maybe I'm entirely wrong. Maybe she'll be an excellent appointee, showing maturity far beyond her years. We'll see.
I'm quite split on this.
Magistrates don't usually own a law qualification between them, that's what the clerk does. Magistrates are usually from a fairly well to do background who don't have that much real life experience, more so outside cities.
They have something like a 96%+ conviction rate, so a magistrate trial is rarely fair, hence they don't decide on serious offences.
A law student, especially if they're a good one, will know more case law and so might pass more appropriate sentences. Maybe they were inspired to be a magistrate because through study they realised something needed to be done.
On the other hand, this could also make them naive and as Alan pointed out taking them seriously may be a problem. But then there's probably police officers of roughly the same age, and lads fighting in Iraq.
nobody
I hate it when people wheel out their own experience as 'proof', but I do have to say that when I was 19 I became a fulltime carer for my dad, then a month after I turned 20 both my parents died and I became the legal guardian of my younger sister. I then, a year later split up with my husband and started University. I'm not saying that this makes me better than anyone, or more qualified in life, but I would say that it shows that you can't judge a book by its cover.
Last year I was a seminar for wannabe writers. Everyone was lovely - I looked the youngest, it's fair to say I look younger than I am, though I'm 29. The writer taking the seminar praised my work, as did the other memebers of the group.
In the break a women twenty years older than me started questioning me about my writing. She asked me two things:
'Where do you live?' and
'What do you do for a living?' I was unemployed at the tim.
Then she went on to say the following,
'Well, I suppose you would get good at writing if you live at home with your rich parents, go straight to University at 18 with not a care in the world, and have fun on the town with various boyfriends and get sent on writer's workshops at such a young age.'
I mean, how wrong could she be? I'd actually won a bursary to go on this course after a lot of hard work, but she thought, because she was so much older than me, because I look how I do, that I hadn't earned anything at all, that I had no 'experience'.
All I will say was every single person on the planet has had a different life, and you can't know how qualified they are for anything just by looking at them or being told their age.
That being said, Yes alan, you're right. I counted as a mature student at 21 and all the friends I made were mature students and we were all so happy to be there, so grateful and excited, and we made the most of every opportunity and got excellent grades.
Well said Ferg, who can judge someones life experience. I've been won over.
Besides, better someone in touch with the youth of today rather than a Daily Mail reading, purple rinsed old bag or some middle aged sap, so privilaged they have nothing better to do, (I'm pretty sure magistrates aren't paid).
Either way, magistrates come in threes, the 19-year-old aint gonna be the middle one, the one with the clout, all they'll do is help decide the sentence in a backroom away from the courts, maybe they'll talk some sense.
nobody
I don't think you can call a magistrate's trial unfair simply because they convict a lot. Magistrates mostly try the sort of minor crimes the CPS would not consider it worth attempting to convict unless it was a sure thing. There are very few speeding convictions made on forensic evidence.
Magistrates are not required to have any formal qualifications but they are trained in what they need to know (legal questions are dealt with by the clerk)
All cases go before a magistrates court initially. Certain crimes have to be tried by a higher court as defendents have the right to trial by jury. Also the CPS (wankers that they are) spends most of it's courtroom man hours in magistrates courts. They don't actually put much effort into many cases as they work on a percentage basis. As long as they win 40%ish of cases brought they go home happy, and don't really care which 40% it is. (I was told that by a CPS solicitor)
Most of the arguments are well covered, so I shan't repeat them.
It's my belief that magistrates are strictly governed by their guidelines
and therefore are necessarily relatively mechanistic in what they do.
Nevertheless, I'm sure that a deal of life experience is appropriate.
And could not have been aquired at the age of 19
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"Well, I suppose you would get good at writing if you live at home with your rich parents, go straight to University at 18 with not a care in the world, and have fun on the town with various boyfriends and get sent on writer's workshops at such a young age."
That's the worst excuse for being a crap writer I've ever heard.
~
I'll Show You Tyrants * Fuselit * The Prowl Log * Woe's Woe
'Magistrates are usually from a fairly well to do background who don't have that much real life experience'
I think I'd strongly dispute that, nobody. You might more realistically say that about High Court Judges and barristers, maybe. But you do make an interesting point about magistrate trials and conviction rates.
One ex-magistrate I know was a civil engineer. He became a magistrate in his thirties. He also, being interested in the background of some of the people he was dealing with, took it upon himself to become a prison visitor. He became more interested and, in his 40s, took a degree in social psychology. By the time he'd finished, he'd become so disillusioned with the magistracy - in particular some of the reactionary attitudes he was dealing with (one of his fellow magistrates thought the prison visiting compromised his 'objectivity') - that he resigned from the bench. He now teaches social psychology. I haven't asked him what he thinks about the appointment of Lucy Tate, but I will.
As an afterthought, I have to say that the only time I've been up before a magistrate - for trespass during a demo - I was surprised at how fairly I was treated. I pleaded guilty (I had no option) but entered a plea of mitigation. I was not, however, convicted and was only ordered to pay costs of £30.
And Fergal's comment has put me to shame. I am far too often guilty of ageism, when of course, there can be no judging the hows and whys of a person's life experience solely on the basis of 'age'.
Then again, there are far too many examples of the 'folly of youth' from which to choose, so there must be *some* basis for the consensus that age = experience...
http://www.koopress.co.uk/speaking.htm
... and if you read the story, she has to sit with two other magistrates, so she is hardly likely to make any cock-ups given that she will be thirdly-presiding over motor offences, man-beats-wife, and my mate: duncan-disorderly, and so on.
I'd be more worried about Cherie Blair, If I were you.
Obviously, a person 19 years old isn't chock-full-o experience. The questions of intelligence and wisdom would remain. Intelligence and wisdom aren't the same thing. You don't inherit wisdom from the family gene pool. You may inherit some measure of intelligence. You can also get an education which adds to experience. All that said, it's not totally impossible that this person could make a decent magistrate. So long as they don't cock-up, it would provide some needed experience for the future. They should still finish their education though, in case they cock-up.
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Missi, magistrates trials are known to be unfair, if the police say you did it, then you did it. A lot of the unfairness comes I think from a fear of being wrong and being blamed, that's why they often push sentencing upstairs to the crown.
Alan while I accept some magistrates come from a regular back ground most are not. As I said it's not paid so it needs to be someone that has time to spend and doesn't need the money. I spent much of my teenage years in front of magistrates all over the place and I can't think of any who weren't well educated I do like yor story though about the engineer. I think it said a lot, someone who maybe had a slight understanding of those in front of him getting involved in changing things.
Where was he a magistrate?
nobody
I have been before magistrates several times, all but once for silly motoring offences, like hitting a Triumph Spitfire up the arse and knocking it over a zebra crossing. I guess the crossing bit was naughty, but fer chrissakes they should have awarded me an ex gratia £50 for trashing the Spitfire!
The other time, I was a witness in a CPS case. The guy got off because the bench were more impressed with his three piece suit than they were with my jeans and anorak. The police officer involved told me some weeks after the case that he KNEW the guy was guilty as hell and he was embarrassed that they let him go.
I had a friend (I say had because he died a year or so back), who was a magistrate at Southend. He was an ordinary guy, and worked in the ticket office at Liverpool Street station. He was definitely not well off but I guess his employers gave him leave of absence whenever he was on the bench.
Agree with you about trashing the Spit, Missi. Shame it wasn't a TR7, really - though same stable, I suppose (or should that be sty?)
Nobody - he sat on the bench at Canterbury, where he later taught at the uni.
oh yeah, expecting something profound on here...
nah, was kidding. Just thought the statement rather raw, considering I personally felt that one could not judge a person's experience by their age.
But hey, whadda I know?
You may not be able to judge a persons experience from their age, but you can certainly judge a persons lack of experience by their age. A 19 year old for example. I don't see much experince there, unless they were raised by a family of wolves...in which case I would say they were experienced with wolves.
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Intelligence and wisdom aren't the same thing, sure. But neither are experience and wisdom. Wisdom is a whole different kettle of fish that comes from particular insight and interest into whatever-it-is-one-is-being-wise-about. If we're talking wisdom with regards to human beings, then I think it's more strongly linked to empathy.
Anyway, come on. You can't really use 'experience' in its generic sense. We're all experienced in different areas. It's a question of what experience a magistrate has to have. Undoubtedly, as a beginner, this person isn't likely to be as good a magistrate as those who've been doing it longer, but who can begrudge her that? And if that's not the issue, what kind of experience do you lot think she's supposed to have in order to do it well?
If you're using 'experience' as in 'the shit one goes through' then Fergal's right in any case. A 19 year old could easily have gone through more 'character-building' crap than someone in their middle age. And I wouldn't expect wisdom from anyone who had gone through an inordinate amount of stress, pain and heartbreak - I'd expect a tough skin. That's not to say they can't be wise as well, but I just don't see how it relates to their experiences - they could just as easily come through with immeasurable, unreasonable bitterness that skews their insight into anything and everything. It depends on the person.
~
I'll Show You Tyrants * Fuselit * The Prowl Log * Woe's Woe
I think you are probably the exception rather than the rule Ferg. You are the only person I knew who had so many difficulties, responsibilities and experience at such a young age. I only started having any kind of responsibilites at 21 when I graduated and even then it was and still is a slow process! Not that my parents helped me, they gave me nothing, but I did go through Uni on Student loans and a part time job and did nothing except have the time of my life (well, sort of).
I completely agree, you can't make assumptions and sweeping generalisations about age and experience. What concerns me more is when you assume somebody has experience and wisdom just because they're in their fifties. My Mother is 56 and I wouldn't put her in charge of a car-boot-sale-stall let alone a legal decision.
jude
"Cacoethes scribendi"
http://www.judesworld.net
Jude: “My Mother is 56 and I wouldn't put her in charge of a car-boot-sale-stall let alone a legal decision.â€
… Jude, you crack me up! That’s the second time this week I’ve laughed out loud at something you’ve said – thanks for making me look like a right berk in public! ;-)
Missi: “it takes 50 years to get 50yrs experienceâ€
… Indeed it does. It also takes 50 years to have 50 birthdays.
Rioja: “every individual is differentâ€
RD: “a person 19 years old isn't chock-full-o experience
… Sometimes the simplest words are the wisest.
JC: “I think authority is the bigger problemâ€
… Agreed! Sadly, in this kind of case, the main issue may not be whether or not the person can do the job, but whether they’ll be taken seriously. How often do you see people distrustful of very young doctors, policemen, bank managers, even Woollies sales assistants?
In my opinion, in this case and in probably just about every other similar case throughout the history of humanity, it comes down the simplest of things, which has been said or alluded to several times above…
Judge each case on its individual merits.
There are likelihoods and anecdotes and stats that can be quoted, etc etc, but ultimately this is the only thing that matters. If one is appointing someone to a position of responsibility (or indeed the aforementioned Woollies sales assistant), one should (in an ideal world) not see age, sex, race, physical attractiveness, height, weight, colour of hair or any other arbitrary factor. We are all different. We all should be “judged†as such.
~PEPS~
“Underlay is overrated."
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