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AS and A Level: Machinery of Justice
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- Marked by Teachers essays 9
Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise (or settle their dispute) without going to court.5 star(s)
Mediation is most suitable where there is some chance that the parties will co-operate. such a in family disputes. Mediation is not legally binding on the parties. Conciliation is similar to mediation where a neutral third party helps the parties to resolve their dispute, however, the conciliator plays a more active role in the process. S/he will be expected to suggest ways in which a compromise could be reached. Conciliation is not legally binding on the parties. Arbitration is the most formal of the methods used to settle disputes without using the courts. Arbitration is where the parties with a disagreement pass their dispute to a third party, who will make a judgment on their behalf.
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The person must be a British citizen. Everyone must take part of a jury service unless disqualified or excused. People with certain criminal convictions cannot sit such as; those who have been sentenced to life imprisonment or a custodial sentence of 5 years or more, those who have served a custodial sentence for public protection or have been given an extended sentence, those who are currently on bail. Those who cannot sit are also the mentally disordered persons. A judge can discharge any person from being a juror if they do not have the capacity to cope with the trial such as not being able to understand English or being blind or deaf.
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In terms of fines, magistrates' courts are limited to £5000 while crown courts can impose unlimited fines. There are four theories of punishment which form the overarching principles of sentencing as stated in the CJA 2003. They are retribution, rehabilitation, deterrence and prevention. These four 'classical principles' of sentencing were explicitly mentioned in the Court of Appeal case of R v Sargeant where a nightclub bouncer caused an affray and was sentenced a harsher punishment than normal in the name of protection of the public against the violent propensities of the accused. The age of the offender plays a large part in the range of sentences available to the courts.
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Furthermore, headings, side notes and punctuation are important as it may help the judges clarify some points of the whole Act. Preambles can also be important when considering the wording etc within an Act as they will generalise the mischief to be amended and the scope of it. Extrinsic Aids, on the other hand, deal with external matters, outside of the legislation, to help explain the meaning and purpose of the Act. External Sources can include dictionaries and other literary resources for example textbooks, to define the many meanings of statutory words and gain an insight of which meaning was meant to be incorporated into the Act.
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The Royal Commission's report was presented to Parliament in July 1993. It recommended the establishment of an independent body: * to consider suspected miscarriages of justice; * to arrange for their investigation where appropriate; and * to refer cases to the Court of Appeal where the investigation revealed matters that ought to be considered further by the courts. The Criminal Appeal Act 1995 was subsequently passed, enabling the establishment of the Criminal Cases Review Commission. The Criminal Cases Review Commission is an independent body (as opposed to what it was before prior to the CCRC under the Home Secretary)
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‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for and against this statement in relation to the recent changes proposed and the relevant literature4 star(s)
1994 (Davies, Croall & Tyrer, 1998:209, Keenan, 1998:94, Sanders & Young, 2000:559). The Juries Act 1974 states that people registered on the electoral roll - the 'Register of Electors' for local and governmental election purposes are those who are suitable for jury service. As with any Act governing criminal proceedings, there are exceptions to this rule. The prospective jurors must have resided in the UK, the Channel Islands or the Isle of Man for at least five years since they were thirteen years of age. They also ought to be between the ages of eighteen and seventy (Keenan, 1998:94).
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Bail. Under S.4 of the Bail Act 1976 there is a presumption that un convicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty3 star(s)
The Act which makes the decision on bail is the need to protect the public Vs all suspects are innocent until proven guilty. Under S.4 of the Bail Act 1976 there is a presumption that un convicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty. However, the general public have the right to be protected from criminals. This means that the criminal justice system must balance this against the freedoms of individuals.
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First it may be argued that the offences are poorly defined. There is still no clear statutory definition of assault and battery. Nevertheless the sentencing guidelines are found under s39 of the Criminal Justice Act 1988. Therefore with regards to assault and battery, it is confusing as one does not know how and where specific information is allocated. Thus being time consuming. Additionally while the definitions of the more serious offences are contained in an Act passed (OAPA 1861) well over 150 years ago, much of the vocabulary is antiquated, seriously out of date and even misleading, such as 'assault' in s.
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where the father Mr.Saloman was distinguished as a separate legal entity from its shareholders, which in turn means Mr Saloman was deemed only to liable for himself, and its shareholder were all individually liable for themselves. Adams v Cape industries Plc3 confirmed the decision is saloman on application of the law in a group enterprise. Corporate personality refers to a person's rights and obligations they have in a company identified in the Companies Act 2006 which states the effect of registration.
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Disputes - Is ADR always more appropriate or does attending court sometimes providing a better solution?
Mediation MEDIATION is the only type of ADR that involves an independent, neutral third party acting as a go-between, trying to get the parties to talk through what each side wants and negotiate a mutually beneficial compromise. And the mediator does not offer any opinion. It is commonly used in family dispute. By using mediation services, parties can set their own timetable and control the cost by halting proceedings. There is no appeal but can abandon mediation at any time.
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International Institutions and Human Rights. The three international institutions and their impact on the public services, I will be focusing on the UN; EU and NATO.
The EU uses the money to change the way people live and do business in Europe. Countries join because they think that they will benefit from the changes the EU makes. The UN works for world peace and development in many different ways. It organises peace-keeping forces in trouble spots around the world. The impacts the EU has on the UK public services are: Anti-terror laws; terrorism and border control; single currency; European Defence Force and Europol. (http://news.bbc.co.uk/cbbcnews/hi/find_out/guides/european_union/newsid_2138000/2138993.stm) Finally, I'm going to describe what NATO is; NATO stands for the North Atlantic Treaty Organisation. NATO is an international organisation which brings together the armies of various countries, including Britain and the United States.
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The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in t
but the underlying doctrine is clear -unnecessary resort to custody is legally wrong as it is morally offensive. However there are three principles which should guide decision makers in their treatment of defendants waiting trial. these are that unconvinced persons should be presumed to be innocent and treated accordingly. the public has a right to be protected against individuals who could pose a threat and justice delayed is justice denied. Under s.4 of the bail act 1976 there is a presumption that unconvinced suspects will be given bail. this ties in with the fact that everyone is innocent until proven guilty .however the general public have a right to be protected from criminals .This means that the criminal
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Alternative dispute resolution. Alternative methods for resolving such disputes have developed, or been created, which are often less expensive and are quicker than the courts.
Tribunals are free: no fees are charged, so as to keep the system available to all. Procedure is less formal than in court and in many instances there is no need for the parties to be legally represented. In some tribunals, lawyers are not allowed. There are many tribunals but they can be classed as two main types: administrative and domestic. Administrative tribunals deal with disputes between the individual and the State. The tribunal will apply the relevant law to the dispute between the parties. Domestic tribunals are 'in-house' tribunals often set up by professional bodies.
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in dealing with OMCG criminal activities is that prosecuting for individual crimes can seem inadequate to deal with the widespread nature for the problem. The police work and the evidence required to prosecute the individual crimes on a case-by-sae basis is time consuming and resource intensive. This is especially true with OMCGs, where a 'code of silence' among club members, combined with a fear of speaking out on the part of both victims and other people associated with the clubs, means that the evidence needed to convict will be very difficult to obtain.
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Evaluate the impact that government policies on war and terrorism have on UK law, the armed forces and society.
Thousands of Afghani civilians have lost their homes, many more killed. The existing poverty throughout their country has increased dramatically with the outbreak of war, with food and water shortages threatening their survival. Many have become refugees, fleeing into neighbouring Pakistan, among other countries, to escape the conflict and seek asylum, the majority of who are merely held in detention. On the other hand, however, the 'War on Terror' succeeded in a short period of time in removing the regime that had been sponsoring the terrorist organisation al-Qaeda that had subjected the Afghan people to six years of oppression, particularly of women.
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Trial by jury is more than an instrument of justice and more than one wheel of the constitution; it is the lamp that shows that freedom lives. More than 50 years later, is this statement still applicable? Should the jury system be abolished?
Since then, the critics have raised up few arguments so to support her statement. One of the arguments is the perverse decision made by the jury. It was claimed by the critics that in some clear cut cases, the juries choose to acquit the defendant though the evidence prove otherwise. More to say it was because they make the decision based on their own conscience rather than examine the evidence. This was seen in the case of R v Randle and Pottle, where defendants were charged with helping the spy George Blake to escape from the prison.
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One method a judge can use to interpret the factitious statue is using three rules which are Literal rule, Golden rule and Mischief rule. Under the literal rule, the rules of the statue have to follow even if they are unreasonable as they are in the Dange
In this case a railway worker was killed by a train and his widow attempted to claim damages. The relevant statue provided that this was available to employees killed while engaging in 'relaying or repairing' tracks; the dead man had been doing routine maintenance and oiling which the court held did not come within the meaning of 'relaying and repairing'. The Golden rule is used if the literal rule gives an absurd result. Advantages of this rule is it prevents absurdity and injustice caused by the literal rule and it also helps the courts put into practice what Parliament really meant, a disadvantage of it noted by the Law Commission is, there is no clear meaning of what an 'absurd result' is.
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Law and Morality. Within the justice system there is a genuine relationship between law and morals, and it is an issue of debate within law. Laws are generally viewed as moral as if they were immoral there would be an anarchy.
and compensation. Through legal rules the state is able to control society, maintain social order and administering justice. Some laws are not morally obvious, for instance speeding and parking tickets. They have an underlying morality for instance to allow immediate access to hospitals and the underlying morality that speeding may kill. However, there tends to be a huge overlap between them both. Much law is based on religious principles, for instance the 10 commandments - "thou shalt not kill" which is found in the common law offence of murder and "thou shall love thy neighbour" found in the basic principles of negligence (Donoghue v Stevenson).
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Law and Fault. The fundamental principle of English law is that there is no liability without fault. In this case, there are many definitions of fault; it is an expression that may be used to describe legal responsibility for a wrongful act.
Intention meaning that they desired the outcome (they chose to bring about the prohibited circumstances) as illustrated in Mohan, or that the outcome was virtually certain (having achieved the outcome, it could have been foreseen) as seen in the case of Woollin. Another example is murder, a serious homicide offence which has a mandatory life sentence if the defendant is found guilty. For murder, the defendant must have an intention to kill or to cause grievous bodily harm to be at fault. The principle that there is no liability without fault can be demonstrated in criminal law through the use of defences available to a defendant accused of a crime.
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The European Court of Justice ensures that European law is applied throughout the member states. The courts job is to supervise the uniform application of EU law throughout the member states.
If lawyers are seeking precedents, they often turn to the Advocates Generals and use their opinions. The majority of cases heard by the ECJ are brought by member states and institutions of the European Union, or are referred to it by national courts. It has limited power to handle cases brought individual citizens and such cases are rarely heard. The Court has two separate roles. The first one is the judicial role. This is when the European of Justice hears cases between parties, which fall into two categories; proceedings against member states and proceedings against European institutions.
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Both the police and courts have the power to grant bail and can make a decision about holding an accused person in custody prior to conviction. Under criminal justice and public order act 1994 gave police power to impose conditions on a grant of bail. For example, surrendering one's passport, reporting regularly at a police station and requiring a person to stand as surety for them. The defendant can appeal against unfair bail conditions but this is rarely exercised. An appeal to a refusal of bail is decided upon by a judge in the chambers of the Queen's Bench Division (QBD)
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The Death Penalty in Canada. There are many issues surrounding the rebirth of capital punishment in Canada; some say is it necessary under some circumstances. However, the key word in that sentence is some.
In the case of Aileen Wournos, there was obviously some sort of mental illness, however she was written off by whoever performed her psycho-analysis. The men she allegedly killed will never be able to tell the true story, but neither will she because she was given a sentence of death. The story of capital punishment has long been both flawed and unnecessary. Today the morals of capital punishment are highly questionable. Enabling capital punishment may set society back into a medieval era; death by capital punishment is based more on revenge rather than justice because there is no proof that having it deters criminals.
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Demonstrate your understanding of both the UK civil and criminal court systems and their hierarchical structures.
An action has to be taken were the courts will settle the differences. For example, if someone steals your car, you have been wronged and can sue in civil court for compensation. However, society has also been wronged, and the state will prosecute the person for harming. On the other hand, if someone defames you, you have been personally wronged, but society has not been. In this case, you can sue to be compensated for the defamation in civil court, but the state cannot prosecute in criminal court. There are two characteristics each respective judge, jury or magistrate must take into account depending on the type of case.
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Evaluate how effectively governments and our legal system have recognised and responded to the following issues: Aboriginals and the Law including their right to self-determination
As time went on, it was evident that the Aboriginal people were dependent on the land however, the British people were ignorant so many massacres and violence broke out. Dispossession occurred to the Aboriginals and they had lost all rights to their lands. There were many efforts by the British to disperse, dispossess and annihilate the Aboriginal people. These courses of action did not recognise the rights of the Aboriginal people. The introduction of the protectionism policy was the government's response to the rapidly declining Aboriginal population.
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As well, under the Crimes Amendment (Apprehended Violence) Act 1999 (NSW), which amended the Crimes Act 1900 (NSW), Apprehended Personal Violence Orders (APVOs) were brought in to protect people, including children, from abuse in a non-domestic environment as well a domestic one. If these orders are broken, the perpetrator can be charged under the Crimes Act 1900 (NSW) with a maximum penalty of $5500 and/or minimum two year imprisonment. This reflects the changing needs of society to provide harsher punishments to child abusers. Also, under the Commission for Children and Young People Act 1998 (NSW) and Child Protection (Prohibited Employment)
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