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AS and A Level: Machinery of Justice

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  • Marked by Teachers essays 9
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  1. Marked by a teacher

    Explain and Comment on the role of the Criminal Cases Review Commission.

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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)

    • Word count: 788
  2. 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.

    • Word count: 983
  3. How the Lawe in Australiacan be used to combat the problems caused by Motorcycle Gangs.

    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.

    • Word count: 915
  4. 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.

    • Word count: 762
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  6. Describe the rights during detention at a police station of an individual suspected of a serious offence.

    S56 of PACE states that a suspect has the right to legal advice/solicitor however for an indictable offence a senior officer may delay this for up to 36 hours for the same reasons as delaying a phone call. This decision to delay can only be justified on rare occasions and must be based on specific aspects of the case; like in the case R v Samuel, his mother was informed of the arrest though a phone call, then access to a solicitor was refused which was unnecessary as any reasons for the refusal would have already occurred as a result of the phone call, therefore the evidence was inadmissible in court and the conviction for robbery was quashed.

    • Word count: 556
  7. Jury Essay

    If a juror is related to any person involved in the trial from defendant to judge/magistrate, they must inform a court clerk or somebody of that stature. Members of the armed forces, medical profession and also MP's are ineligible from taking part in jury service. In order to be selected for jury service, there are specific requirements you must meet. You must be 18-70 years old, you need to be signed up with the electoral register also deaf and blind people are not allowed to take part in jury service, mentally disabled people are also ineligible to be called for jury service (Juries Act 1974 as amended by the Criminal Justice Act 2003).

    • Word count: 667
  8. Law and Justice Essay

    Distributive Justice regarding the allocation of assets where the aim of justice is to achieve proportion. Corrective Justice is concerned with restoring a balance which has been disturbed whether by a voluntary or involuntary act. This is concerned with equality; the law looks only to the character of the injury and treats the parties as equal. It doesn't make a difference if a good man defrauded a bad man or the other way round. Economic theories like Marx, Rawls and Nozick calculate the effect of a law of policy in terms of the law the greatest happiness of a greatest number.

    • Word count: 771
  9. Law and Morals

    It follows that if it is not true law we need not obey it. Positivism emphasizes that separation of law and morality. According to legal positivists, law is man-made or 'posited by the legislature'. Legal positivism regards law as a system of clearly defined rules. The law is defined by the social rules or practices that identify certain norms as laws. Law can often be seen reinforcing and seeking to uphold our moral values but this can be seen as a major problem regarding the nature of any moral code. Morals will consistently change over time, to reflect a change in attitudes and the law must attempt to keep up in these situations.

    • Word count: 875
  10. Balancing Competing Interests

    Roscoe Pound suggested that the 'claims, demands or desires' seeking legal recognition could be classified as individual's interests such as personality or social interests such as safety, health. He insisted that competing interests would only be balanced if they were interests on the same plane. The courts don't follow Roscoe Pound's idea that you can only balance interests of the same kind a way in which you can consider how effectively the law is at being able to balance interests is to compare public interests with private interests.

    • Word count: 894
  11. Discuss the nature of legal and moral rules , and consider whether the law does and should reflect moral rules

    Moral rules, if broken, have no punishment apart from the person's guilt. Hart believes that rules are obeyed for three reasons: The moral obligation carried with them; because the rules are reasonable and relevant; and because a penalty could be imposed if they are broken. The law may reflect moral values to some extent. The United Kingdom is mainly a Christian country, and so many of our morals would come from the Ten Commandments. The law reflects some of these morals. For example, the law against murder, set down in the Homicide Act 1957, reflects the moral set in the Ten Commandments: 'Thou shall not kill' , and in the civil law

    • Word count: 835
  12. Law Work

    However it must be proven that the person committed both the Actus Reus and the Mens Rea. The Actus Reus must be a voluntary or deliberate act. The act can also be found as involuntary this would include things like closing your eyes whilst sneezing or any reflex actions, or being physically made be a stronger person. One case study and example of Actus Reus is Hill v Baxter (1958)

    • Word count: 448
  13. Civil case of injury, 5,000 in civil justice system

    There are many more issues that make sure each case can be dealt with justly. The system was not always as just as they should have been. It all changed in the Woolf reforms. Lord Woolf reviewed the civil procedures and found many concerning issues that need to be raised. The main being that it was too expensive for people to take people to court, they could not afford the help they needed. There was also a problem with big delays, and it would be a considerable amount of time from the incident actually happening to the time it would come to trial.

    • Word count: 800
  14. Explain the distinction between law and morals and consider the importance of the connection between them

    Morality here is seen as a kind of cement paste which holds society together. The law, whose main task is to protect life and duration to society, therefore, has the obligation to enforce morality no matter what (individual) critical morality could suggest. Any application of a legal rule, especially by a judge, implies or presupposes a moral decision, that is, the decision that the legal order in which that rule is valid is all in all just or moral enough to deserve our approval and claim our allegiance. Legal Positivism, as I understand it, asserts both a thesis about the social nature of law and a thesis about the separation of law and morality.

    • Word count: 983
  15. Saxon Jutice

    track down the murderer of their loved one and kill them as punishment, but later the kings abolished the Blood Feud and introduced the Blood Price or Wergild. The victims received compensation depending on how serious the injury was. Some laws were quit harsh as well such as King Alfred the Greats Law 14 clearly states that if anyone is born dumb or deaf so that he cannot confess or deny sins then his father has to pay compensation for his crimes and Law 6 states that If anyone steals anything in church he is to pay the normal fine and then have his hand struck off.

    • Word count: 796
  16. Describe the powers of the police to detain, interview and search at the police station, a person suspected of an SAO.

    An SAO is defined as an offence that usually carries a jail sentence e.g. murder, r**e, acts of terrorism. A strict time scale must be followed after the arrest. For most offences, the suspect can be detained for up to 24 hours. For more serious offences, and with permission from a senior officer, the police can detain for 36 hours. In order to gather evidence, with the permission from a magistrate, a suspect may be detained for up to 96 hours.

    • Word count: 891
  17. Marbury v. Madison

    The case began when William Marbury was appointed the position as a justice of the peace in Washington D. C. by John Adam's in the final days of his presidency. Because it was his final days of the presidency, these appointments were not finalized. The appointees became distraught at this confusion, and they invoked an act of Congress and sued for their jobs in the Supreme Court.

    • Word count: 380
  18. What justice means to me.

    Many innocent people have been incarcerated because of sloppy work from the enforcement agencies and courts, while the real culprit went free, and able to commit other crimes. Once a crime has been committed, the authorities have the power to arrest based on Probable Cause. But the individual must be proven guilty beyond the reasonable doubt. Unfortunately, in some cases there is no justice served In our system today if you cannot afford an attorney one will be appointed to you by the courts, this does not mean you will be totally defended, It means you will be legally defended.

    • Word count: 663
  19. Are all Supreme Court Appointments controversial and what is the significance of Bush's two most recent nominations

    Their main functions are to resolves conflicts between states, to maintain the national supremacy and to ensure the uniformity of interpretation of national laws. One of the main reasons the Court is so controversial is because of the amount of power they hold. For instance in the case of Roe vs. Wade (1972), in which the Supreme Court interpreted the constitution to allow women to have abortions, changed the face of American society. The Supreme Court holds power with which they can strike down laws, mould society and impeach Presidents.

    • Word count: 842
  20. Explain the purpose of criminal punishment and comment upon how effectively these are achieved by the different types of sentences available to the courts.

    Deterrence is an act or process of discouraging actions or preventing occurrences by instilling fear or doubt or anxiety to stop a repetition or the crime. Penalties intentionally to have this effect are prison sentences, suspended prison sentences and heavy fines. It is broken up into two categories individual deterrence which tries to stop people from committing crimes again thought fear of punishment e.g. suspended sentences, while deterrence is aimed to stop others by making them an example of those who do offend.

    • Word count: 875
  21. Comments on "Cold Cuts" from Truman Capote's novel 'In Cold Blood'

    By the time of writing the novel Mr. Clutter has been dead, so Capote couldn't quote from him. But there is a need for the sentence given into his mouth, because by this ("I'm not as poor as I look") the readre sees his figure as a very kind, nice, generous person. So, after the murder we feel sorry for him, and it's easier to understand why the villagers were so shocked because of his death. 2) I'm not sure whether this part is ture or only created by Capote but I think it's main role is to show d**k's strangeness and insensitiveness.

    • Word count: 744
  22. Can we agree that if the death penalty is right then it is also good and if it is wrong, it is also bad

    Of course, our first concern should be, what does the Bible teach about the state putting people to death? If we can ascertain that then it doesn't matter what philosophers, theologians, sociologists, criminologists and weeping, whining and whimpering liberals have to say about the subject. Genesis 9:6 clearly teaches that if a man sheds another person's blood, then his life will be taken by the government.

    • Word count: 261
  23. Title: The right of silence.

    There was also great unease at the idea of defendants being permitted to advance defences and matters at trial for the first time, long after any satisfactory investigations into the matter had ceased to be possible. The experience of Northern Ireland legislation, based on recommendations of the Criminal Law Revision Committee showed that there was a supportable case for allowing inferences to be drawn from silence. Parliament took the initiative in ss34-39 CJPOA 1994. This also paved the way for allowing adverse comment by the prosecution and adverse inferences to be drawn from failure to give evidence.

    • Word count: 726
  24. Explain Catholic beliefs about 'justice', 'forgiveness' and 'reconciliation'

    Also to always have a forgiving attitude towards them and to always be prepared to be reconciled with them. When we are hurt or perhaps injured, we often feel rather bitter and resentful, when we feel this, its hard to get rid to those feelings even if that's what we want. To overcome this, Christians must remember that forgiveness is an aspect of love of neighbour. The Catechism of the Catholic Church says, 'The works of mercy are charitable actions by which we come to the aid of our neighbour in his spiritual and bodily necessities.'

    • Word count: 441
  25. Juries Essay

    In very exceptional cases a jury can be used in personal injury cases. In these cases a judge of character isn't necessary so there is no need for a trail. Person injury cases should normally be tried by a judge to assess compensation award on a fixed scale. The case on Ward v James (1966) established that juries will only be used in "exceptional circumstances," the case of H v Ministry of Defence (1991) further reinforced this rule. The jury is selected randomly from the electoral role. Around 150 people are chosen and then summons around 15 people to sit.

    • Word count: 986

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • Discuss the nature of legal and moral rules , and consider whether the law does and should reflect moral rules

    "From this discussion we can see that there is a diversity of morals through the UK, and the law reflects some of these morals, for example the moral of not killing is reflected with murder; but not others, for example , adultery and abortion are not crimes, but most people would see these as wrong. We can also see that there are two sides to the argument of whether law should reflect morality or whether it should be a separate thing, AND Professor Hart and Professor Devlin both have valid points. Different individuals will agree with different points of view."

  • Critically analyse the relationship between law and justice.

    "In conclusion, the relationship between law and justice is not a perfect one, but it is much better than those in other countries. The legal system in England does still contain flaws, such as miscarriages of justice or perverse verdicts (R v Owen) but there are systems in place in order to ensure that any miscarriage of justice that does happen is rectified as soon as is possible, and also there are systems in order to prevent them happening in the first place."

  • Jury decision making: Discuss the effectiveness of jury decision making.

    "In conclusion there are many case factors that affect the way a jury comes out with a final verdict, some points such as pre trial media coverage and race seem to dominate the effectiveness of jury decision making, however almost all of it is backed up by studies that are not ecologically valid and so the true effect of these factors cannot be backed up 100%. There are many flaws in jury decision making which has today lead to it being used les and less worldwide. Altaf Korimbocus"

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