Criminal Justice, Miscarriages of justice
Criminal Justice in England and Wales Miscarriages of justice Everyone agrees that the aim of the law is to achieve justice. Many argue that justice is the ultimate goal to which the law should strive. But what does the word 'justice' mean? Kelson, whose theories were first published in 1911 and further developed in his General Theory of Law and State published in 1945, suggested that it is not scientifically possible to define justice because it is simply a matter of individual preferences and values. However in simple terms, 'justice' means 'fairness'. Clearly what is 'fair' to one person may be regarded as unfair to another but, although it is impossible to agree everything, it is hoped consensus can be reached in a society on many features of a 'just' legal system. There are two basic definitions of justice within the law- formal (or procedural) justice substantive justice. Any state has a legal system through which justice is dispensed. The whole process of enforcing legal rules is formal justice. If someone breaks the legal rules the state takes action. The state dispensing 'justice.' Formal justice may be defined as: 'The following of legal rules and treating like cases alike.' Formal justice is about applying the rules fairly to everyone. It is a fundamental principle that one should be above the law and those who administer the law should do so without
Observation in Magistrate Courts
Magistrates Court Observation This essay will attempt to give a detailed account of an observation in a Magistrates Court. With reference to history from authors such as Skyrme and official web sites, put together by the magistrates association. In the latter part of the twelfth century, in 1195 King Richard I 'commissioned certain knights to preserve the peace in unruly areas' (magistrates-association). Their responsibilities were to the Crown, and included the maintenance of the law and to enforce it as far as possible. From this time on, the Bench, or the Magistrates as we know them now were known as 'Keepers of the Peace'. An Act in 1327, made it law that 'good and lawful' men were to be 'appointed in every county to 'guard the peace'; Justices of the peace still have the power over disruptive and disorderly people. The power and decisions made are not of a punishment, but more as a deterrent to prevent the offender from recommitting the crime (magistrates-association). It was not until 1919 that women were able to become magistrates. This was when the removal of the Sex Disqualification Act came into practice. On the 31 December 1919, Mrs Ada Summers, Mayor of Stalybridge became the fist female magistrate. Then on the first January 1920, at least six other women were appointed to the same post. From year to year this number had significantly increased and
Why did witch hunting become so intensive in late sixteenth century England?
Tessa Eaton Why did witch hunting become so intensive in late sixteenth century England? During the late sixteenth century much was blamed on magic, and those accused of it. In a biblically aware society thy believed evil had to be rooted out. "Do not allow a sorceress to live"1 Bad weather, the death of live-stock, a bad harvest or spoiled butter were many problems blamed on witches, and "cunning folk" or "wise women" were called upon to counter act such curses. There were two types of magic in these times: high magic (black magic) and low magic (white magic). Low magic was generally accepted, as it was used by the cunning folk; while high magic was a capital offence. Why then did the numbers of accused witches increase? Lotherington suggests that witch-hunts were due to the fear of women. He says witches tended to be women past childbearing2, so were of no benefit for their community, and around eighty-percent of those accused of witchcraft were women3. Paul Thomas4 agrees with Lotherington that it was mainly women who were persecuted; large numbers of women were hanged after being accused of maleficium (doing of harm to people or property) by their neighbours. Thomas says that the witch-craze was a "broyle against old women"5. Contemporary evidence supports this, for example George Gifford6, a Protestant priest from Essex, who wrote two books on witchcraft, in
Kearsley (2002) has said that "if this film (Lord of the Rings) achieves half of what is expected, it will be massive for New Zealand - Critically examine the impact of the film of New Zealand tourism policy.
Kearsley (2002) has said that "if this film (Lord of the Rings) achieves half of what is expected, it will be massive for New Zealand". Critically examine the impact of the film of New Zealand tourism policy. The Lord of the Rings was written by J.R.R. Tolkien in 1954 and has become one of the most well known and read books in history. Christmas 2001 saw the long awaited release of the first part of the film trilogy directed by New Zealander Peter Jackson. The films took eighteen months to make and were filmed on location in New Zealand at a cost of more than £200 million (Newsround, 2001). The book itself was a massive hit worldwide and the films look set to be just as successful. The first in the trilogy, "The Fellowship of the Ring" has won four Oscars (Syfy Portal, 2002) and five Baftas (Gibbons, 2002). This essay aims to examine whether "The Lord of the Rings" will be as much of a success for New Zealand's tourism industry as it has been for it's director, Peter Jackson and the impact that the film has already had on New Zealand's tourism policies. New Zealand is about the same size and shape as Great Britain but with a much smaller population. A population of 3.8 million makes it one of the world's least crowded countries (Tourism New Zealand, 2002). New Zealand's landscape varies dramatically from "vast mountain chains, steaming volcanoes, sweeping
Role of The Ombudsman
PUBLIC LAW 1: ASSIGMENT 2 971 Words An essay on the ombudsmen _____________________________________________________ This essay considers the role of ombudsmen in resolving disputes in contrast to the role played by the judiciary. In answering this question it will be noted that the ombudsman system does not overlap with the judiciary, but rather, it closes the gaps created by the judiciary. It will be argued that although the system has advantages over the judiciary, it also has limitations. Though the question refers to ombudsmen in general, the essay will make reference to the Parliamentary Commissioner for Administration in discussing the role played by ombudsmen how this role may be improved. Introduction The ombudsman has emerged as an effective method of dispute resolution in today's world. Its ideologies have been accepted widely as an attractive alternative to litigation. Consequently, it provides the public with remedial action where none is available through courts. Unlike courts, the ombudsman's services are cost effective, flexible, and informal. These qualities have contributed to its success in seeking justice against bad decisions. The origin The ombudsman concept has existed since the 19th century. Sweden was the first country to introduce an 'ombudsman' whose role was to investigate complaints from ordinary citizens.1 However, it wasn't until 1967
A look at the Origin, Stigma/Discrimination and Government Involvement with AIDS in the United States of America and African Countries
AIDS Anyone can have it, Internationally feared, Deadliest Sickness A look at the Origin, Stigma/Discrimination and Government Involvement with AIDS in the United States of America and African Countries Acquired Immunodeficiency Syndrome, AIDS, is now known as being one of the most deadliest and incurable viruses in the world. AIDS snuck into America in the beginning of the 1980's, then exploded in what seemed a matter of moments. America would soon learn that this was not just a health problem in the "immoral" cul-de-sacs of American but an international epidemic affecting all types of life. Today's youth see's a constant fight in curing and eliminating AIDS around the world; however, this has not always been the case. AIDS has been most publicized in the United States and African countries. This paper will compare the origin of AIDS, the stigma and discrimination of AIDS and the government involvement with AIDS in the United States and African countries. Individuals who first appeared with AIDS in America during the early 1980's were diagnosed with Pneumocystis Pneumonia (PCP), which is usually found in people with poor immune systems. 1 However these individuals who were sick did not have poor immune system, but the individuals were homosexuals. As more and more homosexual males appeared to have the disease, it became labeled as GRID (gay related immune
'Repressive and emotionally cold'. Is this a true reflection of relations between parents and children in sixteenth- and seventeenth-century England?
344885 2486 'Repressive and emotionally cold'. Is this a true reflection of relations between parents and children in sixteenth- and seventeenth-century England? In sixteenth and seventeenth century England the parent-child relationship is often considered in emotional terms very different to the relationship we see today. Without doubt there are exceptions, but on the whole we tend to perceive these relationships in terms of altruistic love. Parents selflessly provide love and affection for their children, without exposing them to cruelty or any injustice. In regards to early modern Britain, some historians argue that this has not always been the case and that 'Repressive and emotionally cold' is a statement that can be applied to parenthood in sixteenth and seventeenth century. Scholars from this school of thought understand that parental altruism is somewhat a modern occurrence that began to occur with the rise of the sentimental family amid the industrial revolution. With industrialisation trade and industries began to develop and families tended to work separately. This led to the family no longer having to be relied upon for primarily economic reasoning leaving a whole new space open for love and affection. The supporters of this school of thought advocate the theme of change. 1 Lawrence Stone, for example suggests that children were simply viewed in this period as
Account for the attractiveness of eugenics amongst left-wing social reformers
Account for the attractiveness of eugenics amongst left-wing social reformers Eugenics has often been dismissed as an ideology of the right. It was, at best, nothing more than an extension of social Darwinism which naturalised and sought to maintain the existing social arrangement1 of laissez-faire capitalism, and, at worst, the pseudo-scientific justification for racial prejudices which ultimately sanctioned the atrocities perpetrated by the Nazis. More recently, however, increasing attention has been paid to the fact that many left-wing thinkers, among them Marxists and Fabians, lent their enthusiastic support to eugenic ideas. It can seem difficult to understand how socialism - supposedly stressing the importance of environment and devoted to the idea of the inherent equality of man - could coincide with eugenics.2 This essay will argue that, while many historians stress the dichotomy between 'negative' or 'mainline', and 'positive' or 'reform' eugenics3, left-wing thinkers came to have faith in the ideology of eugenics in much the same way as right-wing or conservative thinkers; because it was consistent with their view that the needs of society were far more important than individual rights and that men were not, in fact, equal and that their differences were endowed by heredity. One can see how these views could be shared by sections of both the left and the
The Human Proteome Project - “Genes were easy”
The Human Proteome Project - “Genes were
Outline the arguments for and against life after death?
Outline the arguments for and against life after death? Questions of life after death have intrigued the dawn of mankind for millennia. This is one of the fundamental questions that none of us escapes. At some point in every person's life, they must come to grips with a universal principle - all living things inevitably will die. Even in the brilliant and celebratory moment of our conception, we are already cloaked in the mantle of bodily death, and we know it. Although much in life has changed over the centuries, when it comes to death and what happens after, we are little different than our ancestors. Although modern medicine keeps many of us alive longer, death inevitably holds away. Then like previous generations, we find ourselves face to face with that which we cannot control or understand. Most people do believe that there is some type of existence after the physical body is gone, and one good explanation for this is that there is no compelling reason not to believe it. What would be the point of going through this sometimes very hard life if we were just going to be reduced to dust after all is said and done? Whatever we believe about death (and what happens after death), its inescapable nature is not in debate. But knowing that death is a universal requirement does not end our predicament - it only pushes our need to understand what life is all about, what its
