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Guilt in these cases is established as soon as it is proved that the accused committed the actus reus. Most of the strict liability offences such as Road Traffic Offences are statutory or Regulatory crimes created but statutes and not by common law. They are directed at businesses, whose owners may be prosecuted if they do not take adequate steps to ensure that their business operates properly.
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The first country recognized to abolish capital punishment for all crimes except treason was Michigan, in 1846, followed by Rhode Island and Wisconsin abolishing capital punishment for all crimes. Despite the fact that the abolishment of capital punishment is increasing within the United States, there were still several states which held on to capital punishment, especially for offenses committed by the slaves. As the Civil War began, opposition to the capital punishment diminished due to the escalating popularity of anti-slavery movement.
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Discuss the persuasive techniques used by Michael Moore in three scenes from his film Bowling for Columbine
The preceding scene is of the Lockheed Martin spokesman: Lockheed Martin is America's largest producer of inter-continental ballistic missiles (ICBM). The conversation between Moore and the spokesman is ironically positioned in front of an ICBM and the spokesman's words undermining America's proclivity for violence especially before the scene at hand is another example of ironic scene sequencing and irony. The actual scene contains many emotive visuals, as it is a newsreel of many atrocities involving America in the previous fifty years.
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Describe the main differences between solicitors and barristers with regard to training and work and discuss the advantages and disadvantages of having a single legal profession
an then they will be called to the bar by their inn of court. Solicitors do not have to go through this process. Solicitors also do not have to go through pupilage, but barristers do. Pupilage lasts for one year and can be done in 2 periods of six months with the same pupil master or after 6 months you can change your pupil master for the next set of six months. Pupilage focuses on the practical training to become a barrister, such as drafting documents, studying under your pupil master, reading their work, practicing writing advices and opinions on points of law and going to court with your pupil master to observe cases.
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The Lords have the power to reject any bill that may be passed through the House of Commons. Although under certain Acts certain types of bills may be presented for the Royal Assent without consent of the House of Lords. The Court of Appeal The Court of Appeal is seen as the core of our judicial system within England and Wales. The Court will hear civil cases of the highest form and family justice. When a person feels they have been wrongly convicted or their sentence has been too harsh then they are now capable of being heard at the Court of Appeal, criminal division, where more senior judges, known as Lord Justices of Appeal, will listen to their case.
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The trip has been organised by one of the teachers, Mrs. Kay, who is accompanied by Mr. Briggs (the Depute Head) and two younger teachers. The play reveals what happens during the course of the day and shows the different teaching styles of Mrs. Kay and Mr. Briggs. It also raises the issue of social deprivation by asking why children do not get the same chances in life. MRS. KAY Mrs. Kay is a liberal and open-minded teacher who is fond of her pupils.
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In HUDSON & TAYLOR  was two young women, one aged 19 and the other 17. They was about to enter court to give evidence in a criminal trial when a gang came up to them and threatened to 'cut them up' if they didn't give false evidence about the current trial, so the to women lied in court and were found out and convicted with perjury. They could not use duress as a defence as they had a sufficient amount of time to report the threat to the police which they did not.
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Juries are only used in circuit courts for more serious cases such as fraud, murder, rape, assault, or burglary; however juries are sometimes required for civil cases such as libel. Criminal trials are held in the crown court whereas civil trials are held in the high court or county court depending on the severity. Under the Juries act (1974) as commended by The Criminal Act (2003)to be eligible for jury service one must fit the following criteria: on the day one's jury service begins, be at least 18 years of age yet under 70; one must have dwelled for at
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Signature: Date: Centre Marks Section 1: Planning (AO3) max mark 10 Section 2: Activity Log (AO1) max mark 10 Section 3: Communication (AO2) max mark 10 Section 4: Evaluation (AO3) max mark 10 Total: max mark 40 Response Form Section One: Planning * Describe how you planned the different stages in your activity * Outline your contribution to the activity * Refer to the contributions, views and experiences of others. Planning Stages: I started by deciding what my topic was about and then put it all together.
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Euphemisms of the pro-euthanasia movement include "right to die", and "death with dignity". The term "passive euthanasia" is often applied to the withdrawal of useless treatment that is only prolonging the dying of a person. This needs to be differentiated from withdrawing of something that is actually keeping them alive, the withdrawal of which actually causes their death. It has been pointed out that the pro- life lobby will be split and discredited if there is an insistence by some that all technological means must be used whenever possible to prolong life. No ethical doctor insists on the use of burdensome, ineffective of futile measure, commonly called 'disproportionate', when refused by the patient or family.
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Beaumont (1993) identifies three key issues that have increased the potential I importance of the selection decision to organisation. First, demographic trend and charges in the labour market have led to a more diverse workforce, which has placed increasing pressure on the notion of fairness in selection. Second, the desire for a multi - skilled, flexible workforce and an increased emphasis on team working has meant that selection decisions are concerned more with behaviour and attitudes than with matching individuals to immediate job requirements. And third, the emphasis between corporate strategy and people management has led to the notion of strategic selection: that is, a system that links selection processes and outcomes to organisational goals and aims to match the flow of people to emerging business strategies.
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Only about 4% of cases in England and Wales are heard by a jury. The reason for this is because 97%of criminal cases do not get past magistrates court, and also if the defendant pleads guilty in crown court, no jury is needed. The jury system plays a very important part in the British legal system because they alone are responsible for deciding on the guilt or innocence of the defendant. The judge is not allowed to influence them in any way. For example in the case of R .V . Makenna the guilty verdict passed by the jury was quashed on appeal because it emerged that the judge had threatened to lock up the jury over night if they didn't reach a decision.
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Then Larry�s father steps in and starts to argue with the other man. The big man stops reading his comics and makes fun of Larry�s father who is very small. At last the family leaves and walks home. Morton, who is Larry�s father, wears glasses and probably isn't the biggest man. He is described as an office worker who doesn't come out in the sun a lot. He seems to be well educated and tries to find a peaceful solution and doesn't like to fight.
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Now he was sitting in the court. Only waiting for his sentence. Would he be sentenced to death or would he be in jail for life.
Their parents found them bloody and dead in their beds. Now he was sitting in the court. Only waiting for his sentence. Would he be sentenced to death or would he be in jail for life. If I could decide by myself he would have been executed. The only question was whether he should be put in the electric chair or get an lethal injection. I wouldn't have had any trouble by throwing him into the death row. But it wasn't only I who could sentence him. I and the other 9 members of the jury should together find a suitable punishment for Mr.
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To qualify to be a lay magistrate, a person needs to be 18-65. They will need to have good judgement, social awareness, commitment and reliability, mature and have good communication. The candidate is expected to live in the local area to which they are allocated.
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There are several advantages of the system of trial by jury. Firstly, the general public acceptance of the way the jury system works. As I have already stated, the jury system has been around for many years, almost 800 years now; the fact that the jury has stood the test of time has given society a feeling of acceptance that this is the best way to decide on the outcome of indictable offences. Secondly, the jury system gives the public a chance to participate in the legal process.
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As the offender has committed such a harsh crime, only a punishment to the fullest extent should be given. There seems to be no alternative for some, whereas the opposition party consider prison as a nadir consequence. It is said that the death penalty fails to rehabilitate. When the perpetrator is put on the death row, nothing is accomplished. Being locked in a cell for twenty-four hours a day isn't a picnic, yet executing one for a non-existing life is just recapitulating the crime. The distinction between the two punishments is that life without parole in prison keeps one from reoffending and taken into consideration, costs less than the death penalty.
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Much of the British population wish to stop smoking, it would be a great help for them to stop, if they weren't exposed to passive smoking every day. Text 2: This text is from The Daily Telegraph website. The text is by A. N. Wilson and is named "Is this the end of English literature?" From 20th August, 2007. He starts out by naming a dozen of old English writers, and asking what they have in common. His answer is, if they lived in Gordon Browns England, and wanted to go out to a club or caf�, they would not be allowed to do their habit.
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Also, when a defendant pleads guilty the jury are then sworn in and have to attend court for the whole case and decide weather the defendant is guilty or not. They are selected at the CSB (Central Summoning Bureau) by a computer from the electoral register in each area. Electoral registers are when people fill in the forms that local councils send them to confirm who lives at the address and then they can receive voting cards to be able to vote in elections.
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When a person stands before a magistrates court accused of a summary or Triable Either Way offence they will be first asked for a plea of guilty or not guilty. This is called the 'Plea before venue'. Where the defendant pleads not guilty he has the right to choose where he wants his case to be heard, be it in the Crown court or the Magistrates court. The magistrates court can choose to send the case up to the Crown court regardless if they think that the maximum sentence they could give is not suitable for the crime.
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The Crown Court deals with more serious criminal offences trialled by judge and jury. While Lay Magistrates sit in the Magistrates court, juries are sat in the Crown court, the High Court, the County Court and the Coroners' Court. With the High Court being more senior it has twelve members on jury while County Court only having around eight members. When on jury, the people have two responsibilities as a 'duel-role'. Not only do they decide whether the claimant (who claims a right or compensation) has won the case, but also the amount of damages the defendant (the person being sued or accused of)
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Definition The word negotiable means 'transferable by delivery,' and the word instrument means 'a written document by which a right is created in favor of some person.' Thus, the term "negotiable instrument" literally means 'a written document transferable by delivery.' According to Section 13 of the Negotiable Instruments Act, "a negotiable instrument means a promissory note, bill of exchange or check payable either to order or to bearer." "A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees" [Section 13(2)].
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'Toxic' environments are characterised by; high unemployment, high crime rates, poor facilities and poor access to professional services. This is usually associated with geographical and social isolation; evident in the characteristics of Australian aboriginal communities furthermore resulting in a dysfunction community and inevitable poverty cycle. For aboriginals peoples to participate in Australian society as equals it requires that they are to live their lives free from assumption by others; meaning eliminating ignorance of the wider community. It would also require a recognition of values, culture and traditions so that they can co-exist with those of mainstream society; the inability to do so has created a social divide and outlines the sever nature of aboriginal disadvantage.
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Jurors can now not be punished for their decision. Courts also cannot try to force them to change their verdict. Even now the jury system is ever changing, but the basics will always still remain. The jury is a group of 12 people. They are all different races, ages and genders. In criminal cases, the jury decide whether the defendant is guilty or not. In civil cases, the jury decide if the claimant has proved their case and also how many damages are being awarded.
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