Law in association with the criminalisation of certain drugs.
LAW 206 Assignment (a) .0 - Introduction The criminalisation of the use of certain drugs over the last century has been a result of economic, political and cultural factors, rather than an assessment of its potential harm to society.1 This has resulted in statutes that are counter-productive in controlling the drug problem. Criminalisation aims to protect individuals and society from the myriad of harms that drugs cause. Yet, prohibition has created more harm to society through an increase in health problems and crime. The public, politicians, police and media are inextricably linked, and together they emphasise the importance of drug prohibition. A society can only exist when there are shared norms and values, and politicians in particular consider the intoxication of illicit substances as a threat to social decorum and order.2 Therefore, drug use and its prohibition must be assessed 'as part of a larger and more inclusive social framework.'3 2.0 - The Counter-Productivity of Criminalisation The statutes pertaining to the criminalisation of drugs over the last century have been counter-productive in relation to its impact on health and crime. The covert nature of drug abuse facilitates the spread of diseases such as HIV and hepatitis, while the unpredictable levels of purity increase the possibility of lethal overdose.4 This causes a detrimental effect on the health of
Describe the system of trial by jury within the English legal system.
Law coursework Charlotte Gregory Describe the system of trial by jury within the English legal system. Introduction The concept of trial by jury was first introduced to the British legal system in 1215, when king John signed the Magna Carta. The Magna Carta states that "no free man shall be imprisoned, except by the judgement of his equals, or the law of the land." This introduced that the decision of a persons guilt or innocence would be decided, to some extent, by his or her peers. In 1670, Bushel's case had a great influence on jurors, and the way that the legal system worked. This case established that jurors alone should make the decision of guilt or innocence without interference from the judge. The public felt that with a system, which had public involvement, was a more reliable and democratic system. Another milestone in the history of jurors was the criminal justice act 1967. This act allowed judges to accept a majority verdict of 10-2 instead of only a unanimous verdict. The next big change to the jury system was made in the jury's act 1974. This is where the law setting out what juries should do, and how they should be selected etc. can be found. The final main change to the process of trial by jury was the criminal justice act 2003. This made amendments to the jury's act 1974. In particular it tightened up the laws on who should, and shouldn't serve on a jury.
The Constitutionalisation of the Treaties by the European Court of Justice.
The Constitutionalisation of the Treaties by the European Court of Justice Introduction On it's formation in 1957 the European Economic Community Treaty1 was seemingly another international treaty to which the six original Member States2 had signed. In the realm of international law such treaties are binding merely on the governments of Member States which have signed them. In it's essential provisions, the Treaty made reference only to the Member States who themselves had no reason to believe this Treaty would be any different. However, it was latent from the start that this Treaty had the potential to extend beyond the reach of previous international treaties3. It provided for a unique institutional structure4 from which flowed unprecedented law-making and judicial powers. The focus of this essay will be on one of these institutions, the European Court of Justice (hereinafter referred to as the Court). According to the Treaty the purpose of the Court is to 'ensure that in the interpretation and application of this Treaty the law is observed'5. It was under the guise of 'interpretation' and in particular the use of Article 2346 that the court was able to attribute qualities to the Treaty that were not prima facie evident. This essay will trace how the court in conjunction with national courts used this Article to develop the doctrines of direct effect and supremacy,
Critically evaluate the extent to which marriage has been and is likely to remain a convenient legal concept in regulating the family.
Question: Critically evaluate the extent to which marriage has been and is likely to remain a convenient legal concept in regulating the family. The institution of marriage has always been perceived as the cornerstone of society1. It is the organising concept or nucleus around which society has traditionally regulated all important aspects of family life2. Although it may mean different things to different people today it is traditionally the means by which legitimate, heterosexual, familial relations have always been created in English law3. As more couples choose to live outside the formal institution of marriage so legal regulation of familial relations has also changed4. The answer will focus on tracking and explaining changing patterns of relationships, family forms and living arrangements and analyse these changes and same-sex cohabitation and how likely marriage will remain the convenient legal concept. As trends in this issue are having demographic consequences and policy implications, analyses are also needed about the current debate concerning the possible change in law over the rights of cohabitees and same-sex partners. Legal marriage requires prerequisites and formalities and should be compared with the lack of formal constraints on cohabiting couples. Marriage and cohabitation are not the same although there is much pressure from all sides, not least from
Discover whether, in the criminal law, negligence ever breaks the chain of causation and to determine the circumstances if this is ever so
The object of this essay is to attempt to discover whether, in the criminal law, negligence ever breaks the chain of causation and to determine the circumstances if this is ever so. In order to do this it is necessary to first identify what causation is. In basic terms, causation is simply a question of who or what caused a specific event to happen. For example, in a result crime, it must be proved that the defendant's conduct caused the forbidden consequence. If this cannot be proved, D is not guilty of the crime. Obviously then, causation is an important issue. It is not, however, always a contentious one, as in many cases the cause is obvious and not disputed. Questions on causation usually arise in cases of murder. In order to be guilty of murder you must have caused an acceleration of death. It makes no difference if the victim was already sick, injured or dying, as it can be said that since we will all die someday, we are all dying anyway. As Lord Alverstone CJ said in Dyson1: - "The proper question to have been submitted to the jury was whether the prisoner accelerated the child's death by the injuries which he inflicted in December, 1907. For if he did, the fact that the child was already suffering from meningitis, from which it would in any event have died before long, would afford no answer to the charge of causing its death." Causation is in some sense a
Police powers
AS Law Student Answers (Module 2568: Machinery of Justice) POLICE POWERS Police officers on patrol believe that a man that they see, Shane, is a suspect wanted for burglary. Outline the powers of the police to stop and search and if necessary to arrest the man. The police have the power to stop and search both people and vehicles in a public place under sections 1 to 7 of the Police and Criminal Evidence Act 1984 (PACE). They can only do this if they have reasonable grounds for suspecting Shane of carrying some stolen goods or prohibited articles like drugs or offensive weapons. In Shane's case this can also include articles for use in connection with burglary or theft. However, there are safeguards built in to ensure no one is being picked on or harassed in any way. The police must give their name and station and the reason for the search, otherwise it is unlawful as was shown in Osman 1999 where Mr Osman was found not guilty of assaulting an officer because the officer did not give a reason for the search. Since Shane is on the street, only his outer clothing can be searched and the police must make a written report as soon as possible after the search. Code of Practice A states that the police must not act just because of a person's characteristics, such as their race, hairstyle or manner of dress. Even if Shane had previous convictions for possessing an
To What Extent Have the Main Aims of the Land Registration Acts Been Met?
LLB(HONS) LAW LAND ASSIGNMENT 2000/2001 To What Extent Have the Main Aims of the Land Registration Acts Been Met? The aims of the extensive restructuring of English property law that took place in 1925 can be accurately summarised by Lord Upjohn1: "it has been the policy of the law for over a hundred years to simplify and facilitate transactions in real property. It is of great importance that persons should be able freely and easily to raise money on the security of their tenure." Prior to 1925, the system for the transfer of land remained complex and haphazard. The legislation of 1925 sought to rectify this by several means, the most notable of which was the expansion of the registered land system. The need for a comprehensive register of title to land had long been the primary ambition of law reformers. This is plainly evident in a 1857 Royal Commission2 which wanted land owners "to deal with land in as simple and easy a manner, as far as title is concerned..." The realisation of this goal depended ultimately upon a definitive record of the rights and obligations relating to all land in England and Wales3. Consequently, the Land Registry Act (1862) introduced an early system of Land Registration. However, the system proved unworkable and an entirely new system was established by the Land Transfer Acts of 1875 and 18974. While it is true that the aims of the
The purpose of this assignment is to be able to understand the role purpose and responsibilities of the uniformed services. For this, I need to choose two different services that have various similarities and differences.
Introduction The purpose of this assignment is to be able to understand the role purpose and responsibilities of the uniformed services. For this, I need to choose two different services that have various similarities and differences. For this assignment I will use the Police Force and the British Army for my two examples. This is because I am interested in joining the Police Force and both services and the two have very different purposes. Task A • Research two uniformed services of your choice, and describe why those services exist, and what they do including an example of recent work. The police service exists as forty-three separate forces, each run and maintained by the government. The government supplies the forces with a budget, which varies in amount, depending on the circumstances in which it is needed for, e.g. size of patrolled area, level of crime, etc. Each force has its own Chief Constable. The Chief Constable is the highest ranking officer within each force and works alongside the Police Authority and Home Office. The Home Office is a department of the British Government, which manage the emergency services and insure the safety of England and Wales. The Home Secretary is the MP in charge of the Home Office. The Police Authority is a localised organisation that deals specifically with Police Force. It is made up of counsellors and
In order to decide whether or not trial by jury should or should not be abolished, we need to know what it is that we are dealing with and what viable alternative or alternatives there are to it.
In order to decide whether or not trial by jury should or should not be abolished, we need to know what it is that we are dealing with and what viable alternative or alternatives there are to it. I will take a brief look at the history of the jury trial. I will examine the function of the jury; look at what is good and bad about the jury system. Finally I will examine the proposed alternatives to trial by jury that are currently in fashion. The jury system first arrived in Britain after the Norman Conquest. The earliest jury was a body of neighbours summoned by a public officer to give oath as answer to some question1. The sworn inquest was used to enable the recognition on oath of a number of upstanding members of the community to testify to facts which they had personal knowledge. Those called were not judges of fact, but witnesses. By the end of the twelfth century, a person accused of a crime could, on payment obtain the right to obtain a trial by jury. (I will return to this point later when I look at the government's proposals to remove the right to elect jury trial in either way offences) When Pope Innocent III abolished trial by ordeal in 1215 and compurgation (the accused sought to clear himself by his own oath backed up by the oaths of friends and neighbours, who testified to his character rather than to the facts) fell from favour a need arose to find a new
The Age Of Criminal Responsibility
. Obtain and use a range of researched material. > Research an issue of interest using a range of sources - this may include primary and secondary methods of research. > Analyse and evaluate the credibility of each source, ensuring that you consider possible bias. > Analyse and evaluate the material for use in a group discussion. > Extract factual information that will enable you to present a strong argument. > Create a bibliography. (LO3) My issue of interest is: "The age of criminal responsibility in the UK" The current law in England & Wales regarding the age of criminal responsibility states: A child who is aged under ten is irrefutably presumed to be incapable of committing an offence. Prior to 1998, a child aged between 10 and 14 was presumed to be incapable of committing an offence unless the prosecution were able to prove that the child knew the difference between right and wrong. Now, children aged between 10 and 17 are capable of committing offences and it is not possible for a child to avoid liability by showing he does not know the difference between right and wrong. However, a child should not be found guilty if he is unfit to plead. In exceptional circumstances, most notably the case of the murder of James Bulger in Liverpool in 1993, children can be tried as an adult in an adult court. This case set a precedent and maintained the age of
