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

Humanities - Ryan Lovell Legal Studies Essay To what extent does the South Australian legal system guarantee justice? For the most part, the South Australian legal system guarantees justice, although being vulnerable to human manipulation and corruption. Doctrine of precedent, the process of appeal and the use of a jury ensure that accused individuals are given a fair trial and sentence. The system is built to be impartial, so that regardless of race, religion, or gender individuals will be treated under the same rules. That being said, with more funds available, the defendant in a legal case may be able to hire a better legal team, and reduce their sentence severity. Judges in South Australia use doctrine of precedent to determine a fair sentence based on prior sentences for similar offences. 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

  • Word count: 929
  • Level: AS and A Level
  • Subject: Law
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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

  • Word count: 571
  • Level: AS and A Level
  • Subject: Law
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Sentencing Notes

SENTENCING Judges have discretion as to what sentences they choose to impose on offenders. Under Criminal Justice Act 2003, they must consider the aims of the sentencing in relation to the particular offence and the particular offender: zling The aims of sentencing is set out below: . Protection of public 2. Punishment of offender 3. Compensation to the victim 4. Reduction of Crime(deterrence) 5. Reform and rehabilitation of the offender The punishment of offender is based on the principle of retribution which states that the offender deserves to receive a punishment that is in proportion to his crime. This applies the mentality of ‘an eye for an eye’ and ensures that the offender pays for his offence. This justifies the death penalty for cases such as manslaughter. It does not aim to reform or rehabilitate the offender and merely satisfies a sense of revenge for the victims. It contains the principle of denunciation which reflects societal disapproval at the offender’s act. Example of punishment may include imprisonment, community sentences or fines. Denunciation was previously an aim of the sentencing but this has changes over the years. Tariff Sentences are guidelines used to set what offences and the range of the sentence that is appropriate for certain crimes. Protection of public is an aim that aims to protect the public from the offender’s future

  • Word count: 493
  • Level: AS and A Level
  • Subject: Law
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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

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  • Level: AS and A Level
  • Subject: Law
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The Jury

The Jury Before 1972, those who owned their own home and were over a rateable value were eligible for jury service. The Morris Committee in 1965, estimated 78% of names on the electoral register didn't qualify for jury service, 95% of women were also ineligible, either because they lived in rented accommodation or were wives. The committee recommended the right to do jury service should correspond with the right to vote. That reform was brought in by the Criminal Justice Act 1972 and can also be found in the Juries Act 1974. To be eligible for jury service you must be aged between 18-70, you must be registered on the electoral register and must have lived in the United Kingdom, Channel Islands or Isle of Man for at least five years since the age of thirteen. Some people will automatically be disqualified from jury service these include; people who have been sentenced to prison or a young offenders institute, someone who has received a community rehabilitation order. There are also people who are ineligible for jury service, ineligible is where people cannot do jury service for certain reasons for example; people who suffer from mental illnesses, priests, monks and nuns and people on bail. M.P.S, people in the armed forces, doctors and nurses, and people over the age of 65 may be excused as a right. This may be because they have duties, which are considered to be more

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  • Level: AS and A Level
  • Subject: Law
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Jury Essay

Jury Essay The jury have been a fundamental part of our legal system since 1215, this was the year that the Magna Carta was introduced. The purpose of the Magna Carta is to recognise a persons right to trial by "the lawful judgement of their peers". The independence of the jury was made final in the case of Bushell's case in 1670. This was to confirm that the judge cannot manipulate or try to gain a mental edge on the jury so that the judge can get what they want. Jurors usually get called up for 2 weeks and they may sit on up to 3 juries in that time. Jurors can be given a discretionary excusal so that if they have other commitments they can rearrange the dates set for them to sit on a jury. If a juror is related to any person involved in the trial from defendant to judge/magistrate, they must inform a court clerk or somebody of that stature. Members of the armed forces, medical profession and also MP's are ineligible from taking part in jury service. In order to be selected for jury service, there are specific requirements you must meet. You must be 18-70 years old, you need to be signed up with the electoral register also deaf and blind people are not allowed to take part in jury service, mentally disabled people are also ineligible to be called for jury service (Juries Act 1974 as amended by the Criminal Justice Act 2003). Jurors are selected randomly by computer so that

  • Word count: 667
  • Level: AS and A Level
  • Subject: Law
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The Crucible

The Crucible Q. \ How do the events that unfold in Salem affect the character of Reverend Hale? Miller uses a myriad of varying devices throughout Act 1 in order to create an effectual dramatic stage for the entrance of Reverend Hale. This dramatic stage is created partly because the characters in the play lead an intensely puritan and repressed life. By doing so, Miller helps to establish the ethics of the villagers. As a result of all this repression, the villagers have become unusually petty. Another thing that helps to create a dramatic stage in Act 1 is the mystery and tension of the girls, Abigail and Betty, being in the woods, which starts off all the trouble of the events in the play. The idea of children being accused of witchcraft however, "Now look you, child, your punishment will come" causes the audience to doubt they are guilty, as they don't see children as capable of being manipulative. It is ironic that reverend Parris was the one that called for Reverend Hale. "There is no unnatural cause...I have sent for Reverend Hale of Beverly, and Mr Hale will surely confirm that." The situation to date is that Reverend Parris has seen his daughter and niece: Abigail and Betty, dancing in the woods with some other girls, the previous night. Now, Betty and Ruth: Mrs Putnam's only surviving child, have come down with an unusual illness that a cure cannot be found for.

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  • Level: AS and A Level
  • Subject: Law
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Royal Prerogative

Royal Prerogative The classic definition of the Royal Prerogative has been provided by A.V. Dicey: "The prerogative is the name for the remaining portion of the crown's original authority, and is therefore...the name of for the residue of discretionary power left at any moment in the hands of the crown, whether such power be exercised by the king himself or his ministers." The RP comprises special powers, rights and immunities rested in the Crown at common law. Identifying each of these powers and scope is problematic since there is no authoritative source. This uncertainty is a concern because, as a matter of constitutional principle, those exercising power should be able to identify authority justifying its exercise. Thus, these should be a set of Parliamentary and Judicial controls over the RP. The Queen retains a few constitutional powers; these are normally conventional in practice. They include; the appointment of the PM and ministers, the dissolution/prorogue of parliament, and granting royal assent to Acts of Parliament. The Queen as the embodiment of the Crown also possess legal powers e.g. The Crown is not bound by express words in a statute, and also, no court order can be enforced by the Crown. The RP is a real source of legislative power with an obvious potential for abuse. There is no exhaustive list, however, having completed its inquiry into the RP, the PAC

  • Word count: 1040
  • Level: AS and A Level
  • Subject: Law
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