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AS and A Level: Machinery of Justice
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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, rape, 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.
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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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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.
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To what extent is it still true to say that legal justice in England and Wales rests upon adversarialism?
Due process concerns the fact that what may be injustice for the public or victims will not necessarily be injustice for the lawyer. It is a systematic method which, is designed to minimize the convictions of innocent people therefore achieving its aim of fair dealing. Crime control on the other hand, although is used to gain a higher conviction rate, has seen a high rise in wrongful convictions and miscarriages of justice. The due process method is said to be used within the French legal system.
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His parents get back from church and he is still stood in the garden it is now raining. Ronnie can see that his parents are having a conversation in the kitchen through the French windows in the garden. When he finally goes in he explains what has happened to his mother she believes he is innocent. You also find out in the first part of the book that they are a very well to do middle class family. Arthur, Ronnie's father is a very proud and respectful man who likes people to think good of him and his family, he's a bit bossy and expects his wife grace to do what he pleases.
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Under the Criminal Appeals Act 1995, the Court of Appeal allows an appeal (and possibly orders a new trial) if it considers the conviction unsafe, but dismisses it otherwise; this replaced the previous more complex tests but has made little difference in practice. On an appeal against sentence, the sentence may be decreased but not increased, except that one part may be increased to compensate for a reduction elsewhere. Time spent in prison on remand or awaiting appeal is normally counted against the sentence, but the Court of Appeal has the power to date sentence from its own decision and so discourage frivolous appeals.
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Their name appears on the electoral register; i.e. they are eligible to vote ii. They are aged between 18 &70 iii. They have been resident in the UK for 5 years since they since they were 13 However, these rules have not always governed selection. Prior to 1972 selection was based solely on the size of the property that a person lived in, and whether the individual owned or leased that property. Based on this, juries mainly consisted of white, middle-class men who were the predominant homeowners of the time.
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Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces the Windows family of operating systems
In this decree contractual bundling was not allowed, but technological bundling was allowed. On October 20, 1997, the Department of Justice alleged that Microsoft violated the 1995 consent decree by bundling Internet Explorer with the Windows operating systems, and requiring computer manufacturers to distribute Internet Explorer with Windows 95. The Department of Justice petitioned the District Court to find Microsoft in civil contempt. Judge Thomas Penfield Jackson issued a preliminary injunction barring the bundling of Internet Explorer with Windows on December 11, 1997. This preliminary injunction was voided by the Court of Appeals (DC circuit)
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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.
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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.
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The jury system or right to a trial by jury is often described as the 'jewel in the crown' or the 'corner-stone' of the British criminal justice system
The selection of a jury is carried out by an official at the court5 who selects names at random from a list of electors for the area covered by the court. Jurors usually try the more serious cases such as assault, burglary, fraud or murder. These trials take place in the Crown Court where they are normally heard by a jury of 12 people although this is no longer always carried out in practice.6 A county court jury must consist of eight persons and a coroner's jury must consist of not less than seven or more than eleven persons.
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Discuss the meaning of 'justice'. Consider the extent to which justice is achieved in the application of legal rules. Relate your answer to examples drawn from civil law, criminal law or both
The second definition draws more of a connection between morality and justice; acts which are immoral are unjust. There are many occasions where law and justice naturally coincide, however there occasions where they do not. It is very difficult to define justice itself, however it can be described as a moral value, which people should follow if the wish to lead a good life. C. H. Perelman set out six possible meanings of justice, based on different personal perspectives: To each according to his works - rewards are based on contribution. To each according to his needs - people receive what they need.
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If you were a suspect being questioned in a police station, which of your rights would you exercise and which would you waive? Which of your rights would you regard as the most important? Why?
Although the right to a solicitor has proven to be ineffective by various researchers I would be more likely to adopt this right since it can help to alleviate any stress incurred as well as preventing a false confession. The right to silence has been used through the Police and Criminal Evidence act 1984. Theoretically this right should help to protect nervous suspects from any groundless questions which police officers may ask2. Especially since it is not seen as an obstruction and if the case goes to court the jury are reminded that the suspect was allowed to remain silent and must not find guilt based solely on silence3.
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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.
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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 Dick's strangeness and insensitiveness.
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I will look at different black theologies and different theories of justice, and attempt to compare them, concluding with which system of justice makes for an ordered flourishing community. Communitarian Theories of Justice
As mentioned earlier, both are concerned with the necessity of an individual contributing towards society as a whole. Essentially, communitarian theories seem to follow on from individualism. Furthermore, the theories of Marx (1818-83), Hutcheson (1694-1746) and Rousseau (1712-78) could be counted as communitarian in principle. However, I am going to examine John Rawls' A Theory of Justice in detail. Rawls begins by assuming certain truths about humans with the intention of establishing a "social contract". Firstly, people are assumed to be self-interested, as egoism and self-preservation are natural conditions, clearly demonstrated in the realms of the animal kingdom.
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THE ACCESS to JUSTICE ACT 1999 Civil Cases The state funding of civil cases has now been taken over by the Comm
Personal Injury cases (except clinical negligence claims) these are now covered by Conditional Fee Agreements - see later b) Defamation and Malicious Falsehood Cases these are not considered sufficiently important to justify state funding c) Disputes arising in the course of business these cases can be covered by insurance and therefore are no longer covered d) Matters relating to companies, partnerships and Trusts these normally involve wealthier people and do not justify state funding e) Boundary Disputes between neighbours these cases only normally involve petty /personal problems The cases removed are estimated to have removed something like 60% of cases previously funded by the Legal aid schemes
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(1927) defined a gang as an "interstitial group originally formed spontaneously and then integrated through conflict". It is characterized by the following types of behaviour: * Meeting face to face. * Movement through space as a unit. * Conflict and planning. The result of this collective behaviour is the development of tradition, unreflective internal structure, solidarity, morale, group awareness, and attachment to a local territory. According to (Thrasher, 1927), all childhood playgroups are potential gangs. The transformation from playgroup to gang occurs when youths encounter others who oppose or display disapproval for their group.
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In the three stories "A Vendetta" by Guy De Maupassant, "Crackling Day" by world's famous novelist Peter Abrahams and "The Gold Cadillac" written by Mildred Taylor the writers present different ideas of justice
For Italians honour is one of the most important parts of their life and very often people could do just anything for their dignity. Widow Saverini is one of these people which, if promised something, would do just anything for justice. Guy De Maupassant presents justice as equality, honour and revenge, which is in many cases essential for the first two to appear. The second story, set in South Africa, called "Crackling Day" involves the system of apartheid, which in other words is a legal form of racism.
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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.
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Rape shield laws also intended to protect victims of sexual assault from being humiliated at trial by the disclosure of intimate details of their past. These laws are also intended to encourage victims of sexual assault to alert law enforcement authoriti
However, along with much strength of this statue, there are also many weaknesses of the rape shield laws. The strengths of the rape shield laws are that the statue tends to exclude the defense counsel from introducing an alleged victim's prior sexual history into evidence. By limiting the defendant's use of a victim's sexual past, the laws attempt to prevent this evidence from being unfairly used to discredit the victim's credibility. For example, a man was accused of assault and battery during a sexual encounter. However, the victim also has a history of a couple rape cases, where the defendants were found not guilty on both of the cases.
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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.
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This is where the other forms of ADR and the application of the new Civil Procedure Rules come in. They all aim at improving the way disputes are solved and are time and cost effective. Mediation is where a neutral mediator helps parties to reach a compromise solution. The mediator is required to consult with each party and see how much common ground there is between them. He has to explore the position of each party, making sure to look at their needs, and then make offers.
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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.'
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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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