Criminal question - Unfortunately Lisa may only be sentenced to 18 months maximum custodial sentence as she was tried in the Magistrate's court.
Criminal question: Unfortunately Lisa may only be sentenced to 18 months maximum custodial sentence as she was tried in the Magistrate's court. If however this did arise, or similarly on her 18-month sentence Lisa has the option to appeal as there are also some offences, which can be tried in either both the Magistrates Court and Crown Court. These are called offences tribal either way e.g. Actual Bodily Harm, Burglary. The Court will ask you to indicate a plea. If a not guilty plea is entered, the Prosecution will invite the Court to either accept jurisdiction i.e. to keep the case in the Magistrates Court, or decline jurisdiction and commit the matter to the Crown Court for trial. The Magistrates may be of the opinion that their sentencing powers are not sufficient and commit the case to the Crown Court. The maximum sentence a Magistrates Court can pass is twelve months imprisonment for two or more either way offences. Your Solicitor can make representations on your behalf. If the Magistrates decide that the case can proceed in the Magistrates Court, you have the choice to either proceed in that Court or elect to be tried by a Judge and Jury in the Crown Court. When matters are to proceed in the Crown Court, the case will be adjourned for a committal hearing. At the hearing, if your Solicitor considers that there is a case against you, the matter will be committed to a
On August 4, 1892, the bloody corpses of Andrew Borden and his wife were found in their home. Lizzy's stepmother had been killed by 19 hatchet blows to the head, and her father had died of similar injuries.
On August 4, 1892, the bloody corpses of Andrew Borden and his wife were found in their home. Lizzy's stepmother had been killed by 19 hatchet blows to the head, and her father had died of similar injuries. Within a week, police arrested a most unlikely suspect, Andrews's own daughter, Lizzie Borden but she was acquitted after a sensational murder trial. Lizzy's actions, particularly her burning of a blood-stained dress in the kitchen stove a few days after the murders, led many to believe that she was guilty of murdering her parents. The Lizzie Borden trial is one of the most bizarre unsolved murder cases in American history. She was arrested amid a swirl of controversy. Her alibi for the time of the murders was filled with contradictions, her hatred of Abby, her step-mother, was hardly a secret, and her icy demeanor was not that of a grieving "Victorian gentlewoman." Besides, the deaths made Lizzie (along with her older sister Emma, who was away at the time of the murders) the benefactors of a sizable fortune. Yet the murder weapon was never found, and there were no eye witnesses to the crimes. The local, and soon the national press were obsessed with the case, and reported each new development with unprecedented voracity. Sometimes the first 10 pages of a paper were devoted exclusively to the trial. Public opinion was sharply divided over Lizzie's guilt. However,
In Aeschylus' play Agamemnon, he focuses on Agamemnon's return home to show how women both shape and are affected by war.
Michael Lee English 1102 01/14/00 In Aeschylus' play Agamemnon, he focuses on Agamemnon's return home to show how women both shape and are affected by war. Clytaemnestra's role in the novel is very important in showing this. She is bold, outspoken, and aggressive. It is she who controls men, not vice versa. This was not normal for women in Athens during Aeschylus' days. In general, a ritual sacrifice is used as a means of purification. In Agamemnon, however, sacrifice becomes corrupted and is equated with murder. After the murder, Clytaemnestra boldly states: Words, endless words I've said to serve the moment - Now it makes me proud to tell the truth. How else to prepare a death for deadly men Who seem to love you? How to rig the nets Of pain so high no man can overleap them? I brooded on this trial, this ancient blood feud Year by year. At last my hour came. Here I stand and here I struck And here my work is done. I did it all. I don't deny it, no. He had no way to flee or fight his destiny - (1390-1401) This shows that she is a very evil and bold woman. Right before the murder, Agamemnon returned with Cassandra in a chariot. She orders her handmaidens to lay tapestries before Agamemnon's feet as he walks into the house as said in this excerpt: Women, why delay? You have your orders. Pave his way with tapestries. They begin to spread the
Advantages of the jury system
Advantages of jury A jury is used in the Crown Court only when the Defendant pleads not guilty. The jury plays three roles in criminal cases which are : Spilt Function: In this the trial is overseen by the judge and the jury, there functions are divided as the judge looks over and decides the points of law and the jury decides the fact.At the end the judge has the power to exonerate the defendant if its decided by him.This is generally called direct acquittal and is applied on 10 % of the cases.If the trial is to continue the judge may order the jury to consider the guilt and innocence of the defendant in a private room and make decision for athe accused in secret.The judge may or may not agree to the juries verdict but must accept it any way and juries do not give any explainations for their decision. Majority Verdict: Majority verdict has been brought to function since 1967.These are applied when afetr atleast two hours there is no verdict,the judge may call them back to a courtroom where there are 12 juries the verdict can be 10-2 or 11-1, if there are for any reason juries below 12 ,then only one can disagree with the verdict.A jury cannot go below nine. This function is applied to lower the fear of jury 'nobbling',i. e juries may be sometimes bribed from the side of the victim to be proved not guilty,it was found that i the method including jury trial many of the
Describe the rights during detention at a police station of an individual suspected of a serious offence.
Describe the rights during detention at a police station of an individual suspected of a serious offence. Every individual in detention including those suspected of a serious offence have a set of rights which are outlined in Code C of the Police and Criminal Evidence Act 1984 (PACE). S56 of PACE gives the suspect the right to a phone call to inform someone of their arrest, if the suspect is under the age of 17 then they have the right to inform a parent or guardian of their arrest. For someone suspected of a serious offence this phone call may be delayed for 36 hours to protect evidence or to prevent harm to others. S56 of PACE states that a suspect has the right to legal advice/solicitor however for an indictable offence a senior officer may delay this for up to 36 hours for the same reasons as delaying a phone call. This decision to delay can only be justified on rare occasions and must be based on specific aspects of the case; like in the case R v Samuel, his mother was informed of the arrest though a phone call, then access to a solicitor was refused which was unnecessary as any reasons for the refusal would have already occurred as a result of the phone call, therefore the evidence was inadmissible in court and the conviction for robbery was quashed. Code C sets out that a detainee has the right to a well lit, heated and ventilated cell and also the right to two light
Strength of the Jury System
Jury strengths Jury refers to the presence of 12 persons, randomly selected into the trial procedure to be arbiters of the fact, strengthens the legal system. The role of juries are to decide on matters of fact whereas judges decide on the matters on law. In Criminal Cases, the judge would decide on the verdict, whereas juries would decide on the sentence. In Civil cases, judge would decide on the sentence and juries would decide on the amount of damages. As they do not have legal knowledge a judge would assist them and direct them. Juries are not used in complex cases or where there is a risk of jury tempering, this is stated in the Criminal Justice Act 2003. zl Juries are randomly selected in the Blackfriairs crown Court. They decide on cases based on their understanding of the law and assimilating factual evidence. Juries come from all walks of life as their qualifications are broad. The only qualification is for them to be 18 to 70 years old, live in the Channel Island, Isle of Man, Uk, since 13 for 5 years. This allows them to come from a wide representative of the society, as opposed to the judges who comes from the upper classes. Thus verdicts can be said to be of the society rather than the judicial system as allows ordinary citizens to take part in the administration of justice. Jurors decision are independent of anyone else. Judges cannot refuse to accept jury
Voluntary Manslaughter Q&A
Voluntary Manslaughter Q&A . Explain the difference between voluntary and involuntary manslaughter. Voluntary manslaughter is when a defendant has muredered a victim, but can use one of the following defences to reduce his/her sentence to manslaughter (all of which are sections of the Homocide act 1957): * Diminished responsibility (S2) * Provocation (S3) * Suicide Pact (S4) Involuntary manslaughter is when a defendant does not intend to cause GBH or kill the victim, but does so. EG - a man throws a brick at a window, intending to break it. The brick then bounces off the window and hits another man in the head, killing him instantly. 2. What does it mean when the defendant can use voluntary manslaughter as a 'partial defence'? This means the defendant can rely on one of the above three defences to reduce his/her murder charge to manslaughter. The above defences are NOT EXCUSES, and a defendant cannot use them to be acquitted, only to have their sentence reduced. 3. Whom must prove the defence of diminished responsibility and what is the standard of proof? The defendant must prove he/she had an 'abnormality of the mind'. The standard of proof is on the 'balance of probabilities', not on the reasonable man test. 4. S2(1) of the Homocide Act 1957 includes the phrase 'any inherent cause'. What does this mean? The term 'any inherent cause' means literally 'any cause
Magistrate Courts
Magistrate Court The Jurisdiction of Magistrate Court is deal with summary offences which are of minor crimes, try triable either way cases which it is decided should be dealt in Magistrate Court and preliminary hearings in indictable cases. They also deal with side matters such as bail application and issuing warrant for arrest. zlIn summary trials, magistrate court can impose a maximum of 5000 pounds and 6 month imprisonment. However, the Criminal Justice Act 2003 sought to increase this to 12 months as to decrease the number of cases sent to Crown Court.z At the start of the case, a clerk will check the defendants name and address as well as their plea of guilty. When the defendant pleads guilty, a resume containing all facts of the case will be prepared and confirmed by the defendant. A Newton Hearing will commence if facts are wrong. The magistrate will then consider defendants mitigating and aggravating factors such as previous conviction or presentence reports, medical reports. If the defendant chooses to plead not guilty, both sides will present their case. The prosecution will begin with a speech and calling of witnesses to give evidence. The witnesses will then be examined and cross examined by both prosecution and defence. Relevant exhibits may be given. The defendant will then be called to give evidence, this is not obligatory but failure to do so may lead to
Criminal Courts Appeal Route
APPEAL ROUTES If defendant pleaded guilty, they can only appeal against sentence, whereas if the defendant pleaded not guilty, they can appeal against conviction and sentence. The case will be reheard by a judge and two magistrates which may result in a same decision, or vary decision or reverse decision which is bound by the magistrates power. If it is on a point of law, the Crown Court can decide or a further appeal to QBD by way of case stated appeals may be made. Casezl stated appeal can be made by prosecution against acquittal or by defence against conviction. The appeal will be heard by a High Court Judge or even a Court of Appeal and there will be no witnesses. Further appeal can be made to Supreme Court if it concerns great public importance or ought to be considered by Supreme Court. In the Case of Cv DPP, the divisional Court ruled that times have changed and there should be criminal responsibility of children of 10 and up however this was overruled by house of Lords. Crown Court Criminal Procedure Rules are laid down to deal with all aspects of criminal cases. The prosecution can appeal against an acquittal by making an application to the Criminal Procedure and Investigation Act 1996. They cannot appeal against a finding of not guilty by the jury unless the acquittal was the result of jury or witness being nobbled. The Criminal Justice Act 2003 removes the
Weakness in the Jury System
WEAKNESSES IN JURY SYSTEMzl There are several weaknesses in the jury system. There are problems with the selection of jury. Firstly, electoral registers tend to be inaccurate. They underreport the number of ethnic minorities and young people. This excludes them from being selected. Also, random selection does not equate to equal representation. Although there are efforts made to ensure that it was as random as possible, all white, all male, all women juries are possible. This does not guarantee that jury come from all walks of society. z Judge may also discretionary excuse some of the jury if they have booked holidays, childcare problems, business meetings. However it is a civic duty and complete excusal is rare. Defence and Prosecution have the right to challenge anyone that they deem unsuitable. For example in the case of R v Smith, a blank defendant requested for a multiracial jury. This was rejected as jury have no right to interfere with the selection process. This is also the case In Rv Ford. On the other hand there are several weaknesses. There are problems in the selection process. Firstly, the electoral registors may be in accurate. It may under report the ethnic minorities and young people- hence excluding them to be selected. Next, random selection does not equal to equal representation. For example, all white, all men and all women juries are possible. This
