The law and legal processes are utilised in various ways in order to provide a fair and just trial process for the victim and the accused, as well as the general community. There are set standards ensuring that the trial process is a fair one for all involved, as a functioning, fair and efficient justice system is the cornerstone of any true democracy.
Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
stability. Criminal actions almost always allow for a trial by jury, in which the verdict is
Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.
The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.
Looking back into the 1800s, those accused of a crime did not receive the treatment they would nowadays due to the lack of freedoms they had. In Mary Shelly’s Frankenstein, the characters Victor Frankenstein and Justine Moritz were both unjustly accused, tried, and Justine was executed; similarly, a significant amount of people experienced the same unfair treatment in the 1800s (Shelly).
A notable tension that was written about in this document was the cruel and harsh treatment of the accused by the justices. Cary relays that his wife’s treatment was inhumane, physically abusive and demeaning. During testimony, she was asked to stand for a long period with her arms stretched out. Cary’s wife was crying and afraid that she might faint. When Cary asked if he could help support her, “Justice Hathorne replied, she had strength enough to torment those persons, and she should have strength enough to stand.” When Cary spoke out against this treatment, he was told to be silent or that he would be removed from the room. Cary’s wife was later taken down on the floor by one of the witnesses. Cary spoke out on “their inhumane dealings, uttered a hasty speech (that God would take vengeance on them, and desired that God would deliver us out of the hands of unmerciful men)”.
It was a gloomy Tuesday morning in Camden on March 18, 2014. Spring break had just began and the free time to do the court observation. The Superior Court of New Jersey had begun a civil action court case that was fairly controversial over how to distribute ones pension to their spouse when filing a divorce. When arriving upon the court house, the whole entire environment surrounding the court was very authoritarian. It seems that the court rooms and such are always located where most of the town’s governing takes place, whether it is just a municipal court, or the superior court just as this one. Before arriving, the presumption was that the court house would like every other court house, big building with large marble stone pillars in
Over the years the cost of running for judicial office has become more and more costly due to the amount of money it takes to purchase commercial ads and politicking. This has made it necessary to take donations in order to have a substantial campaign here inlays the dilemma; most Texans are indifferent to judicial campaigns leaving the donating to interest groups, lawyers, and possible litigants. Making the possibility for leniency and partiality in future cases where the donators could expect a more favorable outcome in their cases in the judges court. Our book states that 86 percent of judges believed that campaign support had some influences over judicial decisions. This would mean that guilt and innocence could be bought with campaign money endangering our very way of impartial decisions.
On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The
This cause differs from the Anglo-Saxton era because defendants had no right to counsel, unlike today if someone cannot afford counsel the courts appoint someone to them. Today people fight to prove they did nothing wrong, when back then it was
Law in the middle Ages was ambiguous, oaths, ordeals and ‘Judgments of God’ were considered to be equivalent to law. There was no formal hierarchy of courts or assemblies, disputes were often settled by collective judgement lead by a group of men from the highest status in the community. The legal disputes in both sources reflect the unprofessional law in medieval Europe.
King Lear follows the domestic troubles of two families and their subsidiary workers over the course of a few days in eighth century Britain. Throughout the play King Lear and his fellow nobleman, Gloucester, make several poor judgements based on tradition that send their familial relations in a downward spiral. In the paper Natural Justice and King Lear, Paul M. Shupack analyzes this phenomena and states “So long as people could persuade themselves that tradition defined what was natural and just, and so long as kings saw their role was to enforce traditional rights, the tension between law and morals remained hidden”(Shupack 67). Here Shupack recognizes that eighth century noblemen like Lear and Gloucester tended to approach justice traditionally. In the context
Victorian England was notorious for, along with top hats, its outdated “justice” system. Fraught with corruption, expired methods, and disorganization, the Victorian judiciary system was a severe flaw in the royal kingdom that was partially fed by the crime-fearing public and indifferent servants of the law. Growing up in an oppressive environment reminiscent of Victorian England’s own corrupt justice system, Pip’s journey from childhood to adulthood illustrates a gradual realization of the willful blindness of his fellow man to the injustice served to the convicted criminal, and indicates the cyclical nature of how poverty and fear feed the public consensus on crime. As explored by John H. Hagan Jr.’s article entitled “The Poor Labyrinth: The Theme of Social Injustice in Dickens's “Great Expectations”", in which Pip’s own life, as well as the lives of those around him illustrate how socioeconomic differences played a significant role in how individuals perceived the law and one another.
The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.