• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

AS and A Level: Machinery of Justice

Browse by

Currently browsing by:

Word count:
fewer than 1000 (1)
1000-1999 (6)
2000-2999 (1)

Meet our team of inspirational teachers

find out about the team

Get help from 80+ teachers and hundreds of thousands of student written documents

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

    Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise (or settle their dispute) without going to court.

    5 star(s)

    Mediation is most suitable where there is some chance that the parties will co-operate. such a in family disputes. Mediation is not legally binding on the parties. Conciliation is similar to mediation where a neutral third party helps the parties to resolve their dispute, however, the conciliator plays a more active role in the process. S/he will be expected to suggest ways in which a compromise could be reached. Conciliation is not legally binding on the parties. Arbitration is the most formal of the methods used to settle disputes without using the courts. Arbitration is where the parties with a disagreement pass their dispute to a third party, who will make a judgment on their behalf.

    • Word count: 1788
  2. Marked by a teacher

    Describe both the qualifications required for juries and the procedure for selecting a jury.

    4 star(s)

    The person must be a British citizen. Everyone must take part of a jury service unless disqualified or excused. People with certain criminal convictions cannot sit such as; those who have been sentenced to life imprisonment or a custodial sentence of 5 years or more, those who have served a custodial sentence for public protection or have been given an extended sentence, those who are currently on bail. Those who cannot sit are also the mentally disordered persons. A judge can discharge any person from being a juror if they do not have the capacity to cope with the trial such as not being able to understand English or being blind or deaf.

    • Word count: 454
  3. Marked by a teacher

    Briefly outline the various sentencing options available to the courts for both over and under 21s.

    4 star(s)

    In terms of fines, magistrates' courts are limited to �5000 while crown courts can impose unlimited fines. There are four theories of punishment which form the overarching principles of sentencing as stated in the CJA 2003. They are retribution, rehabilitation, deterrence and prevention. These four 'classical principles' of sentencing were explicitly mentioned in the Court of Appeal case of R v Sargeant[1974] where a nightclub bouncer caused an affray and was sentenced a harsher punishment than normal in the name of protection of the public against the violent propensities of the accused. The age of the offender plays a large part in the range of sentences available to the courts.

    • Word count: 1803
  4. Marked by a teacher

    Describing the Rules and Aids to Statute interpretation. Including Advantages and Disadvantages.

    4 star(s)

    Furthermore, headings, side notes and punctuation are important as it may help the judges clarify some points of the whole Act. Preambles can also be important when considering the wording etc within an Act as they will generalise the mischief to be amended and the scope of it. Extrinsic Aids, on the other hand, deal with external matters, outside of the legislation, to help explain the meaning and purpose of the Act. External Sources can include dictionaries and other literary resources for example textbooks, to define the many meanings of statutory words and gain an insight of which meaning was meant to be incorporated into the Act.

    • Word count: 1123
  5. Marked by a teacher

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

    4 star(s)

    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
  6. Marked by a teacher

    ‘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 literature

    4 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).

    • Word count: 2748
  7. Marked by a teacher

    Bail. Under S.4 of the Bail Act 1976 there is a presumption that un convicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty

    3 star(s)

    The Act which makes the decision on bail is the need to protect the public Vs all suspects are innocent until proven guilty. Under S.4 of the Bail Act 1976 there is a presumption that un convicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty. However, the general public have the right to be protected from criminals. This means that the criminal justice system must balance this against the freedoms of individuals.

    • Word count: 1034
  8. Marked by a teacher

    Non-fatal Offences?

    3 star(s)

    First it may be argued that the offences are poorly defined. There is still no clear statutory definition of assault and battery. Nevertheless the sentencing guidelines are found under s39 of the Criminal Justice Act 1988. Therefore with regards to assault and battery, it is confusing as one does not know how and where specific information is allocated. Thus being time consuming. Additionally while the definitions of the more serious offences are contained in an Act passed (OAPA 1861) well over 150 years ago, much of the vocabulary is antiquated, seriously out of date and even misleading, such as 'assault' in s.

    • Word count: 1195
  9. Marked by a teacher

    Corporate Separate Personality

    3 star(s)

    where the father Mr.Saloman was distinguished as a separate legal entity from its shareholders, which in turn means Mr Saloman was deemed only to liable for himself, and its shareholder were all individually liable for themselves. Adams v Cape industries Plc3 confirmed the decision is saloman on application of the law in a group enterprise. Corporate personality refers to a person's rights and obligations they have in a company identified in the Companies Act 2006 which states the effect of registration.

    • Word count: 1103

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"

Marked by a teacher

This document has been marked by one of our great teachers. You can read the full teachers notes when you download the document.

Peer reviewed

This document has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the document page.

Peer reviewed

This document has been reviewed by one of our specialist student document reviewing squad. Read the full review under the document preview on this page.