Magistrate

Magistrate is a civil officer or lay judge who administers the law, especially one who conducts a court that deals with minor offenses and holds preliminary hearings for more serious ones.

History

Historically, the term magistrate was used in ancient Rome, where the Magistratus was one of the highest ranking government officers and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for local government administration.

Modern Usage

In modern usage, in common law systems, the term magistrate is used to describe a variety of positions. It could refer to a judge or justice of the peace in small claims courts, or the person who arranges bail, issues search warrants, and performs other limited judicial functions.

In civil law systems, magistrates are judges or prosecutors who make preliminary investigations, or oversee other judges.

Duties and Functions

The duties of a magistrate generally include keeping the peace and holding inquiries into crimes. They have the power to issue warrants and conduct preliminary hearings. Magistrates can also perform marriage ceremonies and administer oaths.

See Also

• Justice of the peace
• Judge
• Court
• Law

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