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AS and A Level: Machinery of Justice
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- Marked by Teachers essays 9
Jurors may be excluded if they are on bail, have serious mental disorders and have serious criminal convictions or have convictions under the Criminal Justice and Courts Act 2015. The eligibility requirements make sure juries are reliable and capable, ensuring no one with mental difficulties or anyone too young serves on a jury. This can be disregarded though as some may argue some jurors donâ€™t understand what is exected of their role, this can be seen in the case of R v Pryce where 10 questions were asked to the judge and the judge decided they were incapable of the role.
The Tribunal, Courts and Enforcement Act 2007 updated the tribunal system to make there only be 2 courts. There is the First-tier court, this is where al tribunals are heard first and where most end however there is also the upper-tier court which deals with appeals from the first-tier court, this minimises the need for court involvement however tribunals cam in rare circumstances be appealed to the court of appeal.. The first-tier court has a tribunal judge who will be appointed by the Judicial Appointments Commission, therefore are recognised as a judge, boosting status of tribunals.
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.
- Do they use key words from the title or question?
- Do they answer the question directly?
- 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.