Civil Justice And The Scottish Criminal Justice System

Fundamental to the Scottish legal system is discovering the truth. In Scotland, a defendant has to be presumed innocent until proven guilty . The burden of proof lies with the Crown, who must prove their case against a defendant beyond a reasonable doubt. From the very beginning of the criminal process - the arrests of the suspect - until the very end - the conviction of the defendant - the state are empowered with many rights, such as the power to detain , which assist them in reaching the truth. Although the state are provided with these rights, there are limitations placed on them in the form of the rights of the defendant, such as the right to remain silent or the right to defend themself either in person or through legal

Civil Law: about a party bringing an action for a personal remedy of some kind.

The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.

The Canadian criminal justice system consists of multiple roles in order to sustain a well-working government system. The system is put in place in order to keep safety, equality, peace and fairness. There are four main functions of the criminal justice system that are interrelated segments that help protect a society from crime. The criminal justice system consists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts.

This essay will argue that the Criminal Justice System (CJS) in England and Wales doesn’t provide justice for all. In particular, the institutionally racist nature of the police and courts towards Black, Asian and minority ethnic groups (BAME) will be addressed. The ‘Lammy Review’ has been instrumental in outlining the disproportionate representation of BAME groups within the CJS. In a letter addressed to the Prime minister, David Lammy reports the findings from his review. 51% of UK-born individuals from BAME backgrounds believe that the CJS discriminates against certain groups and individuals (Lammy,2016). In comparison, only 35% of the white population born in the UK believe the same statement (Lammy, 2016). Thus, choosing to focus on the

During her study of the Scottish criminal justice system, McBarnet was able to construct an idea of a “two-tier” justice system. In her work, McBarnet reported on the major disparity of proceedings and procedures between the higher and lower courts. Upon my observation of proceedings in the lower and higher courts, I believe this ‘gap’ is prominent in the NSW criminal adversarial system.

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

in the United States; the state and federal courts. The beauty of the American court system is that

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

The Criminal Justice System, a system the British government set up to deal with the treatment of law-breakers, has three main goals to achieve social order, these are, (1) enforcing criminal law, (2) maintaining law and order in the society, and (3) helping victims. This may seem to be a well thought of system, but like any other organisation, there are flaws, and one of the major flaws is discrimination, and the bias that stems from discrimination.

Writers, lawyers in the 17th and 18th centuries wrote books setting out principles on which Scots law is based, many based on roman Law, lawyers apply the principles to situations, e.g. Stair, Bell, Erskine.

The purpose of civil law is to “deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim,” (“Civil Law vs Criminal Law.”, 2012). Civil law applies when there is a dispute between private parties, and the government is not involved. The lack of government involvement also leads to easier negotiations. Civil cases can be much more flexible since there is typically no law being broken and thus, no legal actions have to be taken. The less rigid civil law cases also generally allow them to be settled quickly and without controversy. According to the Bureau of Justice Statistics, more than half of general civil trials conclude in state courts, meaning they are able to reach an agreement and do not have to continue spending unnecessary time and money on the case (“Civil Justice.”, 2017).

Scottish Criminal Justice Scottish criminal justice is a very complicated are of study. There are many different topics of thought that surround the Scottish criminal justice system, in terms of both physical and mental areas. The criminal justice system stems out into a number of different other subject areas mainly because criminal justice affects so many different fields in society. It’s not just simply about police arresting criminals, the accused going to court and ending up the criminal goes to prison.

The courts of the United Kingdom are institutions there are aim justice to all and deliver fair and equal trails. Although ‘fair and equal’ are not always true to some cases along with ‘justice to all’. Never the less either convicting someone for unlawful activity or resolving a civil dispute, the British legal system employs a variety of courts in its application of the law. It much reminds me of my home country the United States the different level of courts I mean. Magistrates courts have the jurisdiction to try minor offences then for more serious offences are referred to the Crown courts. There are also appellate courts, which include the Court of Appeal and the Supreme Court; formally known as the House of Lords. To

Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.