Study On The Federal Magistrate In The United State

After more than and 100 years of development,the United States justice system has established an important position in the federal court system,which was established in 1968.This paper is based on the history of the federal magistrate system as a clue to outline the magistrate of formation and evolution,characteristics and the jurisdiction,the appointment system and the reform of legislation,several effects on the magistrate system and magistrate of felony cases jurisdiction dispute that some aspects of a full discussion of the magistrate system,form an overall framework.The main contents of this paper are as follows:The United States magistrate system's history can be traced back to the founding of the United States more than and 200 years ago at the beginning of the correspondent system.1790 the establishment of the Ombudsman has played a unique role in the history of the federal administration of justice,and made a great contribution to the stable development of the commonwealth.The establishment of the Ombudsman is mainly in response to this situation,unwilling to enforce federal law,the federal ombudsman is often used as a contact on behalf of the federal judicial officials and individuals,handling cases in the justice on the basis of.In 1896 the commissioner was officially renamed the federal Ombudsman,the ombudsman system has been officially confirmed in the Federation,special commissioner system in the influence and promotion of development center received the objective phenomenon of federal court cases increasing the burden.A district judge is appointed by the president to the Congress,a judge appointed under section third of the constitution,and the magistrates are appointed by district judges whose specific duties vary from place to place.On the basis of the federal Ombudsman,and in 1968 promulgated the sheriff's act,the official mission will be changed to the security system.First,the Public Security Bureau in the five circuit pilot,until July 1971 this system completely replace the ombudsman system,the establishment of a comprehensive system of public order judges.In 1974,the Supreme Court ruled that justices of the peace could not be able to manage the hearing of habeas corpus.At this point,although there is still a big gap between the magistrate and the district judge,the Sheriff has been greatly improved.In 1976,Congress responded to a bill that would further restrict the authority of the justices of the peace,and the Congress authorized the magistrate to control the habeas corpus.In 1976,the justices of the peace act,once again expanded the authority of justices of the peace,to the justices of the peace,the so-called unanimous consent.The magistrate was allowed in the area before the judge of the defendant to give up their rights when the judge accepted area under the jurisdiction of all misdemeanor trial.The appointment of justices of the peace act of 1979 provided the district judge with the standard of choice.With the further development of the 1990,the sheriff changed his name to the magistrate.The number of justices of the peace is determined by the Federal Judicial Commission under the advice of the district judge and the circuit board and the office of the federal court.The magistrate power at this time has been greatly improved,the magistrate mediation,resolve disputes,determine all kinds of proposal,decide whether detention or release the criminal defendant,appointed consultant to the criminal defendant in a misdemeanor,asked the defendant to trial,in a summary judgment can provide suggestions in favor of the requesting party,society security can get disability benefits,personal protection request can get,the case whether the advantage was abandoned when the civil litigation agreement of the parties,the magistrate may have jurisdiction over all disputes,rule on all the proposals,presided over the trial.In dealing with the magistrate on felony cases have a trial can explore the space on the right,because according to the “law on judges act”,“additional responsibility” did not authorize the magistrate felony case jurisdiction,plea of felony cases belonging to the category,in case the Supreme Court Peretz is followed in the case of Gomes the principle of consent,as long as the defendant agreed is the jurisdiction of the magistrate can request the crime,which is a kind of magistrate's jurisdiction expanded,although the district court case can reduce the burden,increase judicial efficiency,however,the magistrate granted to the principle provisions of such power is consistent with human rights and the constitution of the United States? The author thinks that this kind of expansion authorization is not rational,judicial justice is the basic principle of judicial activities.The specific operation,the district court may make the following arrangements: the jurisdiction of felony cases still should be exercised by a district judge,first by the magistrate accepted the plea,but in the area before the judge accepted the defendant pleaded guilty,can undo this treatment can make the magistrate to participate in the case pleaded guilty to speed up the case.And to protect the constitutional rights of the defendants in a certain extent,can be said to be both justice and efficiency two.