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Role confusion meaning
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In this essay I am going to discuss the magistrates and the crown court, and their function within the court hierarchy. The crown court is seen to deal with more serious offences referred to as indictable offences, which carry a higher sentence. Whereas the magistrates court deals with summary offences, carrying a lesser sentence than other courts in its division. Both courts are part of the criminal justice system, and deal with disputes between individuals and the state.
In the old bailey court the atmosphere of the court was very serious and formal, and vastly tense. This was similar to the atmosphere of the magistrate’s court. The layout of the old bailey was different to those of other crown courts, where the public gallery was separate
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As was present when visiting the crown court in Woodgreen, the case where an individual was accused of the supply of drugs and theft, where the jury was dismissed. The judge gave legal reasoning for why. In this trial it was due to new information, which had arisen which, could manipulate the verdict given for the first count heard. This is a different approach to of the magistrates court where 3 lay individuals, or a district judge hears the trial the magistrate/s play a big part in the magistrates court, however only after hearing all evidence, and witness statements This was visible in the trial watched at Westminster magistrates court, where there was an individual popular in the public eye accused of 2 accounts of sexual assault, and eight incident assaults. In the trial the representatives of the claimant and defendant, and witnesses played an important part in the trial. There were no outcomes of the crown and magistrate’s court when visited, and both cases were timetabled for another hearing. This system was introduced by the Woolf reforms, after great delays in trials. The timetable enables individuals to have their case in a reasonable time
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
The English court system is adversarial in nature whereby the court takes the role of a moderator and pities the parties against each other so as each can prove their own case. Therefore, each party seeking to be believed will approach the court and give an account of the events that make up the dispute. The court will later on come to a final conclusion on who is liable or if the accused is guilty after considering all the facts, the documents adduced.
out of the sense of citizenship, as they are not paid to become a lay
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
The judicial system we know today has changed in many ways. One of the ways this system changed is how they reach a verdict, In the modern day long investigation have to take place and reliable evidence has to be shown to the court so that there is less chance that the accused could be misjudged unlike the medieval times were it was common that people were misjudged. The medieval period taught us that we have to be sure of which person is guilty and innocent. Unlike believing one Man’s word like the medieval
The issue in this question is regarding the effect of Criminal Justice Act 2003 (CJA 2003) to previous English sentencing system regarding one of the aims of punishment i.e. retribution. It is a duty for courts to apply under section 142 (1) of CJA 2003. The section requires the courts to have regarded the aims in imposing sentence to offenders which has now plays a smaller role in serving punishment. And how profound this changes has been.
The Work of the Magistrates Court and Magistrates In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as 1361.
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
When Bleak House was written, the Victorian Court system matched the Victorian atmosphere. The robing rooms lacked resources, so the “ . . . lawyers were forced to share the scant supply of towels, combs, and water . . . [while the] ‘English Courts of Law’ talks of general rudeness toward jury members, witnesses, and clients.” (Ratner 1) Not only was everyone involved in the courts treated poorly, but “ . . . the court rarely informed these groups of the proceedings . . .. “ (Ratner 2) This idea becomes the central conflict of Bleak House; a court case entangles many generations, and nobody remembers what caused the lawsuit because of their lack of information surrounding it. Due to the typicality of this situation during the Victorian era, it is clear why Dickens chooses to critique it.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
The English Legal System The English legal system is based on Common Law as opposed to Civil Law. Common Law is a system whereby Judges apply judgment derived from experience as well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which developed out of the Roman Law of Justinian’s Corpus Juris Civilis, is mainly based on written legislation, thus judgements are made on the provisions of codes and statutes; a system based on written doctrine. The English Legal System is extensive and very complicated therefore, I have decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form an opinion and conclude as a whole from these discussions. I will begin with why laws are made i.e. who by and who for, the constantly changing nature of English society and how this is reflected by legal reform.