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AS and A Level: Machinery of Justice
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- Marked by Teachers essays 9
‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for and against this statement in relation to the recent changes proposed and the relevant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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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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Critically discuss whether the criminal courts of England and Wales require substantial reform. Firstly I am going to focus on the criminal process and the different divisions of the courts within the practice. I will then describe the extent to which app
I will use various concepts, facts and strategies and also progress by concluding the argument with how it can be improved. I will try to discuss how a decision taken at one point of criminal justice system may affect what occurs at another. The term criminal law refers to any of various bodies of rules in different jurisdictions whose common feature is the potential for unique and often severe impositions as punishment for failure to fulfil. Criminal punishment, depending on the offence and authority, may include execution, loss of liberty, government supervision, or fines.
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Morals are still effective today, as seen in R v R 1991. This reflected society's revulsion to rape within marriage. It was held that a husband could be convicted of rape where his wife had not given consent to sexual intercourse as there was no longer a rule stating that a wife consents to sexual intercourse with her husband simply because they are married. Although this would have been considered a morally right law to impose, it has been criticised for being slow to develop. This once again shows that laws can uphold morals, but it is more the morals that given way to new laws.
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Research carried out for Woolf's review found that the cost was greater than the claim was worth itself, meaning many were losing money, where they should have been gaining it. The Civil Justice Review observed that the time between the incident giving rise to the claim and the trial could be up to three years for the county courts and five years for the High Court. These long delays placed financial burdens on accident victims and undermined the justice of the trial, by making it more difficult to gather evidence, as witnesses had to remember events of several years before, and therefore making the evidence unreliable.
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Third-tier centres. Staffed only by Circuit judges and hear only criminal cases. The higher tiers hear more difficult cases and a greater variety of cases. As well as High Court Judges and Circuit Judges, the Crown Court is also staffed by Recorders, who are part-time judges. Crimes are also arranged into four categories, with the most serious in the first category and the least serious in the fourth. The graver offences are tried by more senior judges. The Crown court acts as a court of first instance in the trial of indictable offences and triable-either way offences where this has been chosen.
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Aquinas believed that there are two ways in which laws can be unjust. Firstly, a law, which is contrary to human good in any way, is not a true law at all, yet such laws should still be obeyed if failing to do so could cause social disorder. Secondly, according to Aquinas, a law that goes against God's will, and therefore a breach of the natural law, should be disregarded. Other, more modern, academics such as Mill and Bentham believed in a utilitarian movement.
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Describe trial by jury within the English legal system. How effective is trial by jury? Consider any alternatives and suggest improvements.
parliamentary or local government elector, and they should be an ordinary resident in the UK, Channel Islands or the Isle of Man for at least 5 years since their thirteenth birthday. The Criminal Justice and Public Order Act, 1994, section forty, states that anyone who has had five years imprisonment or more is disqualified from jury service for life. Any person with a custodial sentence of three months to five years is disqualified from the jury service for ten years.
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taxpayers are the ones suffering because they are the ones that are forced to pay for these increasing costs. The cost of keeping just one person in prison is incredible. The cost of imprisoning just one person is on average 23,000 dollars per year. It is less expensive to put someone through college for four years than it is to incarcerate someone for four years. The amount of U.S. tax dollars going towards prison costs is growing faster than all other federal funding. Everyday 4.14 million dollars of U.S. taxpayer money goes towards federal prisons and 1.51 billion dollars annually (Cruel).
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It is extremely straightforward to see how the people of Salem can attribute scientific problems to those of a supernatural origin, as they have a vast lack of scientific knowledge. " That you might look to the unnatural things for the cause of it." Parris is the only person that tries to deny rumours of witchcraft, despite the fact that he earlier witnessed the girls dancing in the forest. He does believe that went on in the forest and believes the forest was the "devil's playground" although he thinks it will ruin his reputation and career, so tries to cover it up.
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why some types of behaviour are criminal, and why some people are given labels and the implications having these labels can have upon their behaviour patterns. This definition was what labelling theorists sought to correct. They believed that what makes an act criminal is the label given to it by the criminal justice system and society as a whole. Pfohl discussed this idea in using the example of homicide, and argued that although there are many types of killing, some are defined differently as homicide while some are excused as necessary, for example a police officer shooting a criminal.
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and young offenders (up to and including 20 year olds) detention at a youth offender institution. The separation of young offenders from adult offenders in custody reflects a general underlying theme of treating juveniles in a different way from adult offenders. Both the courts and policy makers have recognised the existence of the range of principles on which sentencing decisions may be made.
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They copied his questioning methods, often rudely, when he was not even present. Socrates said himself, in the Apology, that he does not solely influence the young, but that everyone in the community has affect, and that he can not prevent who they choose to believe in, and admire. On the other hand, Socrates did question people in society in such a way that demoralised them, and broadcasted they had untrue knowledge. His method of questioning prominent people, such as poets, was called elenchus.
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Critically evaluate the aims and consequences of sentencing and show how the laws regarding sentencing currently stand in England and Wales.
In Tyrer v United Kingdom (1978) A 26, Eur Ct of H.R the question of whether corporate punishment in the Isle of Man violated Article 3 of the European Convention on Human Rights was raised. The court felt that in this case, birching the 15yr old boy for handling stolen goods, the definition of suffering was not severe enough, however it was severe enough to be humiliating to the victim, and that this notion of corporal punishment went beyond humiliation.
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be fair in the way it treats litigants; (c) offer appropriate procedures at a reasonable cost; (d) deal with cases with reasonable speed; (e) be understandable to those who use it; (f) be responsive to the needs of those who use it; (g) provide as much certainty as the nature of particular cases allows; and (h) be effective: adequately resourced and organised. (Lord Woolf Report) As a result of the review made by Lord Woolf, he was able to conclude that the current system had failed to achieve all of the above goals. The flaws that were identified in the civil justice system, by Lord Woolf, were that the costs often went beyond the value of the actual claim and the process of bringing cases to a conclusion was slow.
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Finally if maybe you would like a Trident placement with somebody you know they must also have insurance otherwise you cannot participate. If they are already in the Trident book and they have agreed to accept you, then just ask them to fill in the front of the orange Trident form, and ask them to put the company name and address and also a contact name, and telephone number. You should consider the location. Make sure you are easily able to travel to your placement.
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In the leading case of Salomon -v- Salomon & Co. (1897), the House of Lords held that, regardless of the extent of a particular shareholder�s interest in the company, and notwithstanding that such shareholder had sole control of the company�s affairs as its governing director, the company�s acts were not his acts; nor were its liabilities his liabilities. Thus, the fact that one shareholder controls all, or virtually all, the shares in a company is not a sufficient reason for ignoring the legal personality of the company; on the contrary, the �veil of incorporation� will not be lifted so as to attribute the rights or liabilities of a company to its shareholders.
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At a more prosaic level, the trial seeks to establish the guilt, or otherwise, of the accused. Whether a trial takes place in the magistrates' court or the Crown court, the key issues are the same and relate to the principle of the presumption of innocence and the application of the adversarial approach to justice. In the Crown court, the body charged with determining guilt or not is the jury. Defended by some as the bastion of democracy, castigated by others as unwieldy anachronism that allows miscarriages of justice to take place, the jury has been part of the criminal justice system in one form or another since the twelfth century.
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Although each jury member has an equal role not all jury members are created equal. This inequality is based on character's perceptions and attraction(likes and dislikes) for other each other due to the other character's personality. An example is that the meek, quiet guy is disliked because he seems nervous, lacking the assertiveness the group sees as a norm of how jury members should be. So jury members see him as an insignificant jury member due to his personality. Roles come into the film such as the designated foreman (jury member 1) specifically. Based on characterization, you can label personalities such as "the meek," "the old man, "the baseball fanatic," etc.
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Describe how civil disputes can be resolved without going to court (this does not include tribunals).
Each party would agree on a set time limit if deemed necessary to increase the pressure on both parties to settle in agreement without dragging on which could cause high costs. There are not set rules or guidelines for the process once it has commenced but usual fair practice would impend that the claimant first explains his or her position and the reason for the dispute. The opposition party can then give their stance and any reasoning for the dispute.
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Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected.
This essay will discuss the police powers of search, arrest and interrogation, which are all covered by PACE 1984. The first item that this essay will be dealing with is the police's powers to stop and search. Under section one of PACE the police have the right to stop and search people and vehicles in a public place. The word public place does not only mean the streets but can also extend to car parks, and even private gardens if the police officer has good reasons for believing that the suspect does not live at that address.
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Those who are ineligible for jury service, of which there is no blame, are people who are mentally ill, any persons involved in religious work, e.g. Nuns, Priests as it is believed that their religious views could over-rule the evidence, or anyone involved within the justice system, e.g. Police and Judges as it is believed that their views will be biased in favour of the justice system and the prosecution. The Criminal Justice and Public Order Act, 1994, section forty, states that anyone who has had five years imprisonment or more is disqualified from jury service for life.
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for the low take-up rates of legal advice previous to PACE.3 The Royal Commission on Criminal Procedure 1981 recognised the need for legal advice for suspects, accepting that the system is capable of failing to protect those detained at the police station, the report also considers the probable extent of suspects legal knowledge.4 The Police and Criminal Evidence Act and relevant Codes of Practice were put in place so to facilitate fairer treatment for suspects at the police station, supposedly providing them with a greater degree of protection and ability to exercise their rights.
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There are three types of crown courts based on the type of work they deal with. First-tier centres - visited by High Court Judges for Crown Court criminal and High Court Civil work. Second-tier centres - visited by High Court Judges for Crown Court criminal work only. Third-tier centres - not normally visited by High Court Judges and handle Crown Court criminal work only. The jurisdiction the crown court deals with is that sentences in some cases are found guilty but they are considered they don?t have the power to pass the appropriate sentence. In addition, a crown court deals with appeals from the magistrates court against the sentence and most cases on indictment that is committed.
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