Jack the Ripper: Criminal Procedure
Part A
There is a considerable degree of mismatch in the legal institutions in the United States and the United Kingdom insofar as criminal procedure is concerned. While both systems seek to maintain law and order through the use of criminal law courts, they adopt different methodologies to accomplish the same. Despite these differences, the criminal procedure codes of the United States and United Kingdom are integral to the sustenance of notions of justice in each respective polity (Langbein, 1995). The criminal procedure code of the United States heavily borrows from the common law doctrines established in the United Kingdom and passed down to the United States as received law during the colonial era. Criminal cases in the United Kingdom are mostly commenced in Magistrates’ court. The trial procedure is the same in trials held at the Magistrates’ court level and other higher courts, including in cases of summary offenses as well as those against the Crown.
Firstly, the United Kingdom conducts a pretrial review of the prosecution’s evidence before the actual trial is commenced. Such reviews are important because they help resolve some of the legal issues that ought to be sorted out before the trial proper begins. At this stage, the court may make a ruling on the issues raised if it serves the ends of justice to do so. The trial begins when the charges are read to the defendant. At this juncture, the defendant is expected to take a plea.
The complexity of the United States legal system reflects the diversity of the public it serves. Over centuries of immigration different cultures have brought old world legal customs that eventually intermixed to become the legal system under which the country now operates. While much of the influence in Law can be credited to the British Common Law system there are some defining characteristics, which are uniquely American. One of these is public prosecution, which originated in 1704 in Connecticut and was later adopted by the other colonies and, after the Revolution, the States. (Jacoby 3) These practices lead to the development of district attorneys, though this was not their original title. A district attorney is the criminal
The preliminary hearing is then held which determines if the prosecution obtained enough evidence and has enough probable cause to hold a trial (Schmalleger, 2008). Discovery, which refers to the first time the defense is allowed to view the evidence against the accused occurs at this stage (Schmalleger, 2008). The next step is arraignment; this is the first time the defendant is seen by a judge with enough authority to hold a trial (Schmalleger, 2008). At arraignment, the indictment against the accused is read; the accused enters a plea of either guilty, not guilty or no contest (Schmalleger, 2008). The last step involving the court is adjudication, which plainly means a trial by jury (Schmalleger, 2008). The trial then proceeds until both sides have presented their case and the jury reaches a decision (Schmalleger, 2008). If the jury cannot reach a decision the judge can declare a mistrial and the case can be retried (Schmalleger, 2008). If the accused waives the right to a trial by jury, the court will hold a bench trial which is a trial conducted and decided upon by the judge (Schmalleger, 2008).
In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations.
During the trial, all evidence from both the prosecution and the defense is brought forward, and witnesses are brought in to testify in front of the judge or jury. This is when the prosecuting attorney pleads his case of guilt and the defense attorney casts doubt on the prosecution’s case, while proving the innocence of their client. Each trial has a set routine that it mostly adheres to. It starts with each attorney giving their opening statements, moving on to the presenting their cases while
Provided with other preemptive measures to guarantee justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an understanding of the legal process as to help the accused and their families be prepared in their defence. As well as providing an impartial and competent assessment in all stages of the trial process.
This essay compares the adjudicatory process of two countries: Nigeria and the United States of America in trying civil and criminal cases. For ease of readership, this analysis is conducted in four parts: The first part of the essay describes the American system; the second part describes the Nigerian system; the third part makes a comparative analysis; and the fourth part concludes the essay.
Because the United States has fifty individual states, each proscribed by the Constitution to be responsible for its own criminal justice system, there are a large number of individual legal jurisdictions. And this many jurisdictions would lead many to believe that there is not a uniform set of principles that guides
Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:
America 's Criminal Justice system started during colonial America, with the early colonists coming from England, France, and the Dutch Republic. Our original morals for our law system were pulled from the English Common Law System. The English common law system was a set of rules to solve issues that arose within society. Common law is a strategy that focuses on past
The criminal trial process has many aspects which aim to balance the rights of victims, offenders and society, including plea bargains and charge negotiations, the ability of defendants to hire legal representation and complete and partial defences. However, these processes do not always succeed in completely achieving justice for victims, offenders and society.
During this nation’s early history the criminal justice system was deeply intertwined and seemingly streamlined. This can be attributed to a number of factors. Possibilities include the number of crimes committed, the criminal justice systems stance on crime or volume of caseloads. A unique aspect of colonial era criminal justice was the process of sentencing, which was invariably associated to the process of conviction. This author finds the interconnectedness distinctive as judges during that period did not ordinarily hold separate and distinct sentencing proceedings in the
Despite many Western countries having strong law systems and firm roots in Christianity, it might seem peculiar to think they also are obsessed with murder. From Nancy Drew to the TV shows Murder, She Wrote and How to Get Away With Murder, murder and crime investigation have become bestsellers in Western societies. There is just something intriguing about a good “whodunnit” crime, a good mystery that cannot be solved or explained, regardless of how many people and years have been spent speculating on it. In England, one of the most popular unexplained homicide cases is none other than the infamous 1888 murders of Jack the Ripper. While the killer was never found and convicted of the murders, several conspiracy theories have emerged over the years concerning Jack the Ripper’s identity and the motive behind the gruesome slayings.
The Inability of Police to Capturing Jack the Ripper In my opinion I disagree with this statement 'The police were to blame for not capturing Jack the Ripper. This is because we are dealing with a nineteenth century police force and not one of the twenty- first century. In modern times, forensic science deals with analysis of blood samples, DNA, ballistic, fibres, glass and pain, shoe and glove marks and many other scientific applications. The police force at the time of the Jack the Ripper investigations did not have the benefit of such sophisticated methods.
Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association).
Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.