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AS and A Level: Machinery of Justice

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  1. To what extent does the South Australian legal system guarantee justice?

    This ensures that an individual receives a sentence relative to what other people are given. In the case of R v PETER ATHANASAS, the judge references two cases in the sentencing remarks. Both R v Dubois and R v Telford cases are mentioned by the District court judge, as reference and justification for the sentence being dealt. Both of the mentioned cases involved a similar offence to that committed by the defendant, Mr. Athanasas. The judge conveys that not only must his sentence abide by the parameters of the other two cases, but also as a deterrent to future criminals who intend to commit the same crime.

    • Word count: 929
  2. Policing Using New Technologies

    Tasers are handheld weapon that when shot send and electrical current which result in uncontrollable muscle contractions, which ceases to allow any voluntary movement. It is used by police officials as a means to detain the individual, it is commonly used as the fourth response from police for the violent individual and to calm violent situations, when fired it administers a 50, 000 volt charge into a person rendering them for a period of time. Over time and use it has been found that Tasers have both adverse and positive affects much the same as guns but far less dangerous.

    • Word count: 1921
  3. Access to Civil Justice in This Age of Austerity

    Law centres are there to help individuals who cannot afford a solicitor to obtain legal advice and support on areas such as welfare, medical negligence, employment and many other areas[7]. In addition, 140 million people are getting divorces; 250 million people are going to CAB with employment problems and 2 million for benefits problems[8]. Compare the applications to the cutbacks in legal aid in an adversarial country such as the UK, one can strongly argue that there will be scope for injustice as the whole is not being provided with adequate services thus it can be submitted injustices will occur,

    • Word count: 1633
  4. Expert Testimony and Its Value In the Justice System

    age it is very common for experts to be called upon to convey their expert knowledge in relation to a wide variety of court cases. This can range from cases where the expert will have to assess the mental competence of the defendant at the time of a crime[3] to others where they will sum up and discuss the implications of DNA evidence[4]. As recently as 1957 however expert witnesses were not commonly used in the court system. This was to such an extent that Lord Justice Patrick Devlin stated during the trial of suspected serial killer Dr John Bodkin

    • Word count: 6628
  5. Describe the process by which it is decided where a trial will take place. [18 marks]

    For example, the maximum sentence for statutory theft is 7 years under the Theft Act 1968. A triable either way offence can be tried in either the Magistrates Court or the Crown Court, depending on the circumstances and the seriousness of the offence with which D is charged. Examples of this type of offence include theft, ABH and criminal damage, and the ultimate sentence depends largely on the gravity of the crime. An early administrative hearing is a pre-cursor to a trial and allows the Magistrates Court to quickly deal with pre-trial issues and avoid adjournments.

    • Word count: 1236
  6. Describe the use of the Practice Statement using the sources and other cases. [15 marks]

    The Practice Statement was used for the first time in a minor evidential charge in the case of Conway V Rimmer (1968). It decided that if the Home Secretary wanted to claim public interest immunity, they must give a reason why. The use of the Practice Statement in this case was not intended to clarify law, but was rather an experimentation of its power. The first proper use of the Practice Statement in civil law was in 1972 when the court overruled the case of Addie V Dumbreck in BRB V Herrington.

    • Word count: 1273
  7. Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18 marks]

    Under s.38 Police and Criminal Evidence Act 1984 (PACE) as amended by the Criminal Justice and Public Order Act 1994 (CJPOA), the custody officer can also release D on police bail pending further enquiries. This means that D must surrender at the next stage which is to appear at the police station at a specified time in the future. If the custody officer refuses to grant bail and instead remands D, they must appear at the Magistrates Court as soon as is practicable (within 24 hours)

    • Word count: 945
  8. Alternative Methods of Dispute Resolution

    These often take place whilst court proceeding are ongoing only for the court case to be ceased as an out-of-court settlement is reached. This method is relatively cheap, although costs do increase when solicitors are involved. Mediation; A neutral 3rd party acts as a ?facilitator? and helps the parties reach a compromise. The mediator will explore the case and try to find common ground between the parties. He will meet each part, consult with them and carry offers too and fro between them.

    • Word count: 797
  9. The Cybercrime Act 2001 (QLD) was introduced into Australian Parliament as a result of terrorist attacks that occurred on 11 September. However, there are concerns in regards to the breadth of investigative powers stipulated in the act.

    Before jurisdiction comes into play, difficulties arise in discovering the location and identifying the criminal before authorities can think about making arrests. Cybercrime laws also differ from state to state. An act that?s illegal in one location may be completely legal in another. This further complicates the situation if the perpetrator is in a location where the act he/she is committing isn?t even against the law. Effective law enforcement is clearly complicated by the transnational nature of telecommunication networks. This allows criminals to defy the jurisdictional realms of sovereign nations by originating an attack from almost any computer in the world.

    • Word count: 667
  10. The English Court System

    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.

    • Word count: 2841
  11. The Role of the Court of Appeal

    Court of Appeal can refuse to follow their past decisions if the case is misunderstood or misapplied eg in R v Gould. 3. Court of Appeal is bound by its decision under the doctrine of binding precedent. This is shown is Young v Bristol Airway Co where there were 3 exceptions involved: where the CA own previous decisions conflict, the CA must refuse to follow a decision of its own which cannot stand with a decision of the House of Lords, CA need not to follow a decision of its own if satisfied that it was given per incuriam.

    • Word count: 980
  12. Explain the requirements of lawful arrest and detention

    You will need a reasonable suspicious that they is about to commit a crime or commit it already. This act given the police the power to arrest someone because getting a warrant from the magistrate will take time because of you will need to given reasonable suspicious or evidence that the individual is guilty. 1. Citizens Arrest Citizen arrest is when a citizen arrest someone that commit a crime or going to if there are no police around. You will only be able to hold them down until the police get there. If you take them to a place then it will be called kidnap and you will end up on the breaking the law.

    • Word count: 1156

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