I will first look at Roman Law as this will give me the best understanding to see if Medieval Welsh Law was built up from Roman Law, or whether the medieval law is its own unique system of law. Wales was part of the Roman Empire for over 300 years. Roman law was unlike the […]
Liebeck V. McDonalds: An Annoyance The McDonald’s hot coffee case is an event that most Americans claim to know about but many actually are unware of the facts. When I first heard about this lawsuit, I was working in a restaurant that ironically served a lot of coffee. I was eavesdropping on the server line […]
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Get startedA jury system is a system whereby trials of criminal matters such as murder, rape, fraud and other relating matters are heard, usually in the Crown Court. The need for a jury arises when a defendant, in a case, pleads not guilty. In very rare cases though such as libel cases, a jury would be […]
“Compare and Contrast the Common Law tradition of Criminal Justice with the Civil Law tradition using actual examples where possible†There is a general agreement that there are three major legal systems in the world; “English Common Law, Continental Civil Law, and Religious Law†(S M Shahidullah, 2012:13). Each legal system carries their own individual […]
“The jury system is often described as “the jewel in the Crown” or “the corner-stone” of the British criminal justice system. It is a hallowed institution which, because of its ancient origin and involvement of 12 randomly selected lay people in the criminal process, commands much public confidence.” – Lord Justice Auld (1999) Review of […]
In times gone by, the offence of rape was defined as ‘the carnal knowledge of a woman forcibly and against her will’.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was […]
Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to […]
The legal or persuasive burden of proof is defined as the ‘burden of persuading the tribunal of fact, to the standard of proof required and on the whole of the evidence, of the truth or sufficient probability of every essential fact in issue’. In our scenario, the claimant will bear the legal burden of proving […]
Hearsay rule is among the remarkable rules of the law of evidence which was first developed in English-speaking countries during the second half of the eighteenth and the first years of the nineteenth century. The admissibility of hearsay evidence has been a controversial issue while some people asserted that it should be abolished. In fact, […]
A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack […]
The American judicial system has always insisted on the jury system despite the changes taking place in the developed world. 90% of the jury trials take place in the United States and most European countries do not understand why the American public is fascinated by jury trials. “Does the U.S. system carry the seeds of […]
This discussion examines the role of the jury in the current judicial system and asks the question as to whether or not it should be abolished under certain conditions or whether it remains a fundamental facet of British democracy. Trial by jury might afford some protection against the (perhaps largely unconscious) bias of the judiciary, […]
Law of evidence – scenario based The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Tactical considerations for […]
Question: “Moreover, over a period of twelve years since Nedrick, the test of foresight of virtual certainty has apparently caused no practical difficulties. It is simple and clear. It is true that it may exclude a conviction of murder in the often cited terrorist example where a member of a bomb disposal team is killed. […]
Camera’s in the courtroom although not a new topic still seems to be a topic of hot debate. According to an article entitled, Sotomayor Should Push for Camera’s in the Courtroom just published in June of 2009; A federal judicial courtroom is still deciding about the judges discretionary power to allow camera in the court […]
Today’s jury within the Australian legal system strives to achieve justice by reflecting on the moral values of people in the society. The jury is claimed to represent the judgement, values, and standards of the community. It is said to project liberties between the tensions of the legal system and the people. However, criticisms have […]
R. v Blastland [1986] AC 41 Introduction In this case, the Appellant to the House of Lords had been charged with buggery and murder. It was alleged that he had forcibly buggered a 12 year-old boy before strangling him with a scarf. The Defendant’s case was that he had attempted to bugger the boy but […]
In both legal systems, common law and civil law, criminal and civil matters are the majority of issues occurring in legal proceeding. Criminal matters are legal affiliation between governments and citizens in which governments take a superior position. “Criminal process, typically although not exclusively, is initiated by the government or an agency of government, and […]
Manchester Minshull Street Crown Court was very much the stereotypical image of a court, complete with the old brickwork, the large courtrooms with lots of polished wood, and of course, the gowns and the wigs. In comparison, Manchester’s Civil Justice Centre was much more modern, consisting of lots of glass and lots of floors. Although […]
Constitutional safeguards provided by US Constitution in the 4th, 5th and 6th amendments in regards to the criminal justice system are implemented to protect people against indiscriminate application of criminal laws and wanton treatment of persons suspected of violating the law. The amendments which are specifically designed to enforce constitutional rights of suspected criminals have […]
Question 1 The court system in operation within England and Wales is well established in history this essay will particularly look at the Criminal and Civil Justice Systems.it will also address the advantages and disadvantages of the jury system. The court process in operation in England and Wales is steeped in history dating back centuries […]
Historically, the prejudicial effect of rape myths and sexual history evidence has been problematic for the courts in sexual offence trials. In 1999, Parliament enacted s.41 of the Youth Justice and Criminal Evidence Act to place stringent restrictions on sexual history evidence. However, these provisions have caused some difficulties for the courts. While the landmark […]
Criminal Justice Act 2003 ‘Parliament’s purpose in the legislation, as we divine it from the terms of the Act, was to assist in the evidence based conviction of the guilty, without putting those who are not guilty at risk of conviction by prejudice’ (R v Hanson [2005] 2 Cr App R 21, Rose LJ at […]
Criminal litigation process This question raises issues of the criminal litigation process as well as evidential issues involved during the questioning of suspects and subsequent litigation. In the interests of proper case analysis, I have decided to deal with the parties in turn by considering the legal issues that arise in relation to each party’s […]
Critically evaluate the definition of consent for the purposes of sexual offences since the enactment of the Sexual Offences Act 2003, with particular regard to the presumptions in ss.75 and 76. Date authored: 15 th August, 2014. Described by the Home Office Review, Setting the Boundaries, as a ‘patchwork quilt of provisions’, the old law […]
Pre-recorded video evidence in sexual assault and rape trials The use of pre-recorded video evidence in sexual assault and rape trials. Has the law of criminal evidence managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, and protecting the due process rights […]
The Psychologist JoAnna A. De Leon May 19, 2010 CJ233: Introduction to Forensic Psychology INSTRUCTOR: Janice Walton To determine the mental status and competency of an individual, one must spend time to question and study the person, definitely spend more than 10 minutes with the patient. Many laws have been established and put into place […]
What Justice Means to Me Justice can mean something different to many people, but justice to me is doing my part to make sure that everyone is treated equally. In addition, justice is making sure that the right punishment is brought forth to the correct crime, and with any luck when a major crime is […]
In Monster, by Walter Dean Myers, the reader learns from Steve Harmon’s experiences that sometimes guilt or innocence of a person might not be determined by solid evidence but by onlooker’s opinions and interpretation of the crime. There is not a large amount of scientific evidence in the case against Steve Harmon, so the jury […]
Everyone loves a good crime story, and because of that love, the media loves to rush in immediately to cover the story. Due to the frequent lack of information on a new case, the media tends to start coverage by calling in experts and using generalizations. There is also an unfortunate tendency to skip over […]
