FORENSICS ON TRIAL
FORENSICS ON TRIAL Forensic science often called forensics is an application of a wide spectrum of science used to answer any interesting legal questions. This could be linked with a crime or civil action. The word forensics is from a Latin adjective "forensic" which means the forum. Nowadays, the term forensics is in place of forensic science and can be considered incorrect because is a synonym for legal or related to courts. HISTORY OF FORENSICS SCIENCE The "Eureka" legend of Archimedes (287-212 BC) can be considered an early account of the use of forensic science. He ensured that a crown was not fully made of gold. He did this by measuring its displacement and weight as he was not allowed to damage the crown. The first use of fingerprint was in the 7th century. In the sixteenth century Europe, French army surgeon Ambroise Pere' systematically studied the effects of violent death on internal organs. Two Italian surgeons Fortunato Fidelis and Paolo Zacchia laid the foundation of modern pathology by studying changes which happened in the body structure as a result of the disease. In 1775, Carl Wilhelm a Swedish chemist made an equipment to detect arsenous oxide in corpses in only large quantities. This investigation was extended in 1806 by a German chemist called Valentin Ross who studied how to figure out poison in walls of a victim's stomach. James Marsh an English
Should Barristers and Solicitors Fusion or remain as two separate professions? The professions of barrister and solicitor are separate and the work is different
. . .L a w. . . The Fusion Debate HITIKSHA PATEL Should Barristers and Solicitors Fusion or remain as two separate professions? The professions of barrister and solicitor are separate and the work is different. It is wrong to think of solicitors as some sort of junior barrister, or barristers as trainee solicitors. It is not possible to belong to both branches of the legal profession, but it is possible for a barrister to retrain and become a solicitor, and many often do; similarly solicitors can move in the opposite direction. Today, there are still several differences between the roles, training and regulation between solicitors and barristers. Barristers can advocate in court, research cases and legal developments, meet certain professional clients as a result of the 1990 and 1999 act which bought some similarities between the roles of solicitors and barristers. And as a result of the act, solicitors have become more like barristers-it allows them to advocate but they still have to do most of the paper work and barristers can do some paper work. On the other hand, solicitors can give legal advice to the public- so people can directly contact them, still do paper work ( such as prepare cases, appeals, write letters, contracts and wills) and meet all clients even in prison, interview and phone witnesses and clients. There are still many differences, such as the
Explain the work & training of barristers & solicitors
Law Essay A) Explain the work & training of barristers & solicitors? In the Western world, where the majority of employment occurs in the service sector, rather than the primary sector as it does in the developing world, there are certain jobs that carry a very high status. Careers such as doctor, accountant and lawyer are to name but a few of these high status jobs and it is lawyers that I am going to be focussing on in this essay. In England, since the 15th century lawyers have been split up into two professions, barristers & solicitors. Solicitors have traditionally been the people who research cases and barristers have traditionally had rights of audiences in court. There are 60,000 solicitors in the U.K. and 6,000 barristers of which 4,000 are currently working in London. Solicitors have traditionally run the business side of the law profession running offices. Solicitors duties can include interviewing witnesses and issuing writs, conveyancing, divorce proceedings, drawing up wills and last testaments, advocates in magistrates courts, commercial contracts, tax, immigration and employment issues. Solicitors may handle a cross-section of work however; there is a trend especially in London, for solicitors to specialise in one type of work. There has also been a recent tendency, for solicitors to form large partnerships,
Explain the role of the ECJ.
Explain the role of the ECJ. The European Court of Justice is needed to apply and police the rules of the European Union. The ECJ protects its members interests by enforcing EU law, however the ECJ cannot use EU law to expand the EU's powers; it has to abide to strict rules, or judgements based on the treaty commitments and laws that member states agree to. Even if the constitutional treaty is ratified, this will still be the case. Article 220 of the EC Treaty provides that the role of the ECJ is 'to ensure that, in the interpretation and application of the Treaty, the law is observed.' It makes sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue. The Court has the power to settle legal disputes between EU Member States, EU institutions, businesses and individuals. An example of this is in the case Factortane, where Spanish fishermen were fishing in British waters. British fishermen were unhappy with this, and complained to parliament. In response Parliament introduced the Merchant shipping act 1998, this imposed conditions on the ability of the Spanish fleet to fish on UK waters. A certain percentage of the crew had to be British, along with the boat having to be registered as a company in the UK. This
Storing Scientific Data
How scientific data are stored and recorded in a laboratory? For this particular task I am going to describe the laboratory management information system (LMIS) and how the scientific data are stored and recorded in a laboratory. Starting with LMIS (Laboratory Information Management System) is a general term for computer systems in a laboratory that information on its activities laboratory is available. It is also used to refer to people who manage these systems. (Searchdatacenter, 2009) Laboratory Management Information Systems (LMISs) are used for internal organisation. An LMIS is a combination of hardware and software that collects and reports information for managers. Thus, the design and operation of a LMIS is a key system that can provide value to managers so they can achieve their goals. The goal of a laboratory is to produce results of scientific research refers to body techniques to study phenomenon, to gain new knowledge, or to correct and put together preceding knowledge. To name itself scientific, a method of investigation must be based on the recognisable, empirical and measurable obviousness of collection subject to the specific principles of the reasoning. A scientific method includes/understands the data-gathering by the observation and the experimentation, and the formulation and the test of the assumptions. The new theories emerge sometimes while
Explain (a) the process of selecting magistrates and (b) the work that they carry out in the courts. How effective do you consider their role to be in the Judicial System?
AS Level Law Legal Personnel Magistrates 'Magistrates are members of the public who come from the communities they serve' Explain (a) the process of selecting magistrates and (b) the work that they carry out in the courts. How effective do you consider their role to be in the Judicial System? Magistrates (aka Justices of the Peace) as well as juries, are an example of where lay person are directly involved in the administration of justice. Magistrates volunteers who are not paid, but get reimbursements for travel and loss of earnings. There are approximately 30,000 lay magistrates in England and Wales. They have some role to pay in civil matter like family law, but it is mostly Criminal cases they are involved with. Magistrates deals with over one million cases per year, and 95% of those cases are criminal. The importance of their role has been increased by the number of either way offences being downgraded to summary offences. there is a basic requirement that each magistrate needs to be available to sit 26 days and up to 35 half day sittings a year. Lay Magistrates are appointed by the Lord Chancellor on behalf of the Monarch, on the advice of the local advisory committee. the advisory committee is mainly made up of magistrates, so there is local knowledge. Candidates usually apply to become magistrates, either in response to advertisements, or directly to the
Law and Fault
With reference to decided cases in any area(s) of law with which you are familiar, consider to what extent English law is concerned with the concept of fault in deciding issues of liability or guilt (30) In English civil and criminal law, liability is based on fault. Fault is therefore perhaps one of the most important concepts in law, as without it, it would be impossible for justice to be reached for the state, victim and wrongdoer. Fault determines the way the state will compensate the victim and punish the wrongdoer, and this essay will focus on the latter. The whole aim of criminal law is to punish those who have committed a crime against the state. The sanction imposed considers the sentencing aim and attempts to reflect society's revulsion at the crime. Fault is present if the appropriate actus reus and mens rea can be proved. A person cannot be found guilty unless both elements were present. The actus reus concerns all elements of the offence apart from the defendant's state of mind. This not only includes the prohibited physical act but also any omissions and causation issues. The actus reus must be committed voluntarily, as Professor Hart stated 'the principle that punishment should be restricted to those who have voluntarily broken the law ... is a requirement of justice'. Involuntary actions give way to the general defence of automatism, which concerns
Evaluate police powers of arrest, detention and search.
Evaluate police powers of arrest, detention and search. Much of the domestic law outlining governmental powers of detention and investigation now derive from a single piece of legislation called the Police and Criminal Evidence Act 1984 (PACE). The Home Secretary at the time, Leon Brittan, described PACE as "a long overdue reform and modernisation of the law governing the investigation of crime. The government's aim has throughout been to ensure that the police have the powers they need to bring offenders to justice, but at the same time to balance those powers with new safeguards to ensure that these powers are used properly, and only where and to the extent that they are necessary."1 PACE deals with a large range of police powers and also includes various police 'codes of practice' specifying how particular powers ought to be used in respect of powers of search without arrest, the treatment and questioning of detained persons, the searching of premises and seizure of property and the tape-recording of interviews with detained persons. The most common power of arrest without a warrant relates to situations in which it is feared that a breach of the peace is occurring or is about to occur: 'A constable has the power to arrest where there is reasonable apprehension of imminent danger of a breach of the peace. There is a breach of the peace whenever harm is actually done
The English legal system comprises of two different branches, barristers and solicitors.
Essay .a) The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers belong to one of the 4 Inns - Inner Temple, Middle Temple, Grays Inn or Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers work in private practices and they work as individuals. Barristers aren't allowed to form formal partnerships and they usually work from sets of 'chambers' in which a number of barristers are supported by a clerk or clerks. Although barristers are individuals, within their chambers they operate under the 'cab-rank rule'. This means that the barristers must accept any case within their area of competence, providing a proper fee is offered. This rule ensures proper representation for everyone. The work of a barrister in a private practice is generally divided between the preparation of opinions, the drafting of pleadings and the presentation of cases in court and most barristers specialise either broadly, like in Common Law, Family or Chancery work or they specialise narrowly like in Criminal Law,
BARRISTERS AND SOLICITORS SOLICITORSGoverning body The Law Society Supervises training and discipline of solicitors Represents the profession
BARRISTERS AND SOLICITORS SOLICITORS Governing body · The Law Society · Supervises training and discipline of solicitors · Represents the profession Work · Advocacy in the lower courts (magistrates' court and county court) with limited rights of audience in the Crown Court and High Court · Most solicitors provide general advice and do 'paper work', eg writing letters, drafting contracts and tenancies, conveyancing, wills, divorce petitions · Can form partnerships with other solicitors · Work in ordinary offices all over England and Wales · Approximately 75,000 solicitors Contact · Clients approach solicitor directly · Solicitor decides whether or not to take the case Qualifications and Training · Law degree or any degree and a Diploma in Law (previously, CPE) · Legal Practice Course (one year and approximately £6-7,000) · Training Contract (two years paid at the Law Society minimum: £10,850 outside London; £12,150 in inner London) · Professional Skills Course (twenty days and includes an advocacy module) · Name added to roll of solicitors · 16 hours of Continuing Professional Development per year for three years and 48 hours for each subsequent three year period Promotion to the Judiciary · Possible to all levels since the Courts and Legal Services Act 1990 (prior to this, they could only become circuit judges) Complaints ·
