The due judicial process is wanting, since many people walk down the justice system and get penalized even through their rights are not dully accorded to them. The problem exists since some of these individuals are not of sound intellectual ability or don’t have the capacity to demand for their rights. Unequal justice is a […]
The Bill of Rights – My Revision As we have learned during our American Government class that the creation of our United States (U.S.) Constitution was no easy task. Bitter arguments arose during the ratification process of the U.S. Constitution between the Federalists and Anti-Federalists. Both competing groups had valid arguments and concerns with […]
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Get startedThe first amendment states that Congress shall make no “law respecting an establishment of religion or prohibiting the free exercise thereof (Lemon v. Kurtzman). This section of the first amendment refers to the establishment clause and free exercise clause and in other words this prevented the government from investing any of its resources to a […]
The movie name Twelve Angry Men (1957) is a story that focuses of jury’s deliberation by 12 diversity background men, they all forcing the question by their ethics and values to decide whether a young man is guilty or not guilt basis on some reasonable doubt. The great philosopher Socrates proved by death that “majority […]
In the film 12 irate men a gathering of legal hearers are given the errand of choosing a decision for an 18-year old kid who is blamed for killing his dad. At first look the case is a simple scenario. There is one hearer, legal hearer number 8, who isn’t persuaded that the kid is […]
Sixty-one years have passed since the debut of Twelve Angry Men and yet this black and white film still captures audience’s attention to this day. The American court system has developed around the key belief that an individual is innocent until proven guilty. It is far worse to convict an innocent person than let a […]
Introduction The cost for the death penalty is higher than if the convicted is sentenced to life in prison. The cost is two to three times higher because of the manpower needed to try a death penalty case is more involved than a person sentenced to life in prison. Death penalty cases require more jurors, […]
Introduction Martin Luther King Jr. once stated, “The old law of an eye for an eye leaves the whole world blind.” In this quote, he is referring to the ancient Babylonian law, the Code of Hammurabi. Hammurabi’s code justified the death penalty by reasoning that if somebody kills another, then they should be killed for […]
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 […]
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 […]
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 […]
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 […]
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 […]
The audience gasps as the witness bursts into sobs; late night television shows will broadcast this scene for days, condensing a complex trial into a mere gif. The Supreme Court is not a soap opera or Judge Judy, and bringing in cameras does more harm than good. Court proceedings could be distorted or edited for […]
Twelve Angry Men was a movie about the decision of a boy’s fate in a murder trial. There were a dozen juror’s making the final decision whether he was guilty or not of murdering his own father. In the beginning the majority was thinking he was guilty but towards the end they all came around […]
After Socrates’ brief and rather cocky demand for capital punishment to be driven, the jury votes to kill Socrates. This time, the edge is more prominent – more than 66% – rather than the thin edge that discovered Socrates blameworthy. Socrates presently makes his last deliver to the jury before being opened to jail. He […]
Task oriented conflict refers to a disagreement between members of any group due to different approaches on how to view objective issues. Relation oriented conflict is more of a disagreement among a group due to different personalities and their interrelationship. In the film 12 angry men, the two types of conflict are explored. The conflict […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
The death penalty for both Perry Smith and Dick Hickock was for the best. Having them dead meant peace to the public and justice for their crime. They have carried out other offenses in their time such as check fraud and theft. Though they were both wounded in accidents they were still sane enough to […]
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. […]
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 […]
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 […]
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 […]
