Law Essays Modes Of Trial

Law Essays Modes Of Trial Modes Of Trial If you were being prosecuted for a criminal offence, which of the following modes of trial would you prefer: Trial by lay magistrates; Trial by professional judge alone; or Trial by judge and jury. When being prosecuted for a criminal offence, a large portion of the final outcome rests on what court tires the case due to the varying procedural and sentencing allowances attributed to each court. The Magistrates Court is classically more informal, probably a reflection of the fact that it deals with 95% of all criminal cases, while the Crown Court, having greater sentencing power, trying by Judge and/or jury, suffers a far more formal procedural policy. In order to adequately determine which mode of trial a defendant would be best to chose, an examination of criminal procedure in the courts of the UK should follow. It should also be noted that the choice is not always available or always clear-cut. A lot of factors, especially the nature of the crime effect, the choice to be made. It is often a question of weighing up what-ifs. All criminal cases concerning persons over the age of 18, therefore legal adults, start in the Magistrates Court, reached by either having a summons or complaint by laying of an information made against you, or following a charge at the police station. The Magistrates Court is made up of either 3 lay magistrates known as justices, or a full-time District Judge (only in criminal matters) who sits alone. The court, when in session by the magistrates, is assisted by a magistrates clerk, one function of which is to assist the lay magistrates by advising on areas of law, as a lay magistrate is only able to judge on fact, knowing no law. A District Judge is a properly qualified solicitor or barrister who sits either as a full time or part time District Judge at the magistrates court and is the tribunal of fact and law unlike the magistrates being ordinary members of the public (Murphy et al, 2005). The nature of the offence determines the court in which the case is heard and thereby the mode of trial and other aspects of criminal proceedings such as sentencing and remand (i.e. bail). There are three possible classifications of offences, summary offence, indictable offence and either-way offences, the last being capable of either a summary conviction or an indictable conviction. When a case is heard in the Magistrates Court, it is tried summarily and once a conviction is made, the conviction is a summary conviction, irrespective of whether or not the offence was an either-way offence. On the same note, when a case is heard in the Crown Court, the defendant is tried on indictment and convicted on indictment. With an indictable offence, the defendant initially appears in the magistrates court where the magistrates determine if based on the facts, they are justified in sending the defendant to the Crown Court under s.51 Crime and Disorder Act 1997. This decision is taken at the first hearing where the magistrates will also deal with the defendants remand status and whether funding needs to be arranged for the case (Sanders and Young, 2000). If the offence is a summary only offence, and the defendant pleads guilty, then the magistrates go on to sentence on the same day or a on later date. This renders the process very expedient. If the defendant pleads not guilty then the matter is adjourned to a later date and a pre-trial review occurs to determine the date at which the summary trial will occur. Pleading guilty may go against common intuition in such instances, yet it may stand in the defendants benefit. A repeat offender may realize that he will not have a possibility of getting an acquittal and to quickly obtain judgment by lay magistrates who can only impose limited sentences would hold benefits over a judge who effectively has no limits on sentencing bar the statutory maximum for the crime. Further, lay magistrates are more personable and may consider aspects of the case that under law would not be an issue, such as the socio-economic background of the defendant, the familial situation and further factors which woul d cause a person to potential veer off track. With a straight cut either-way offence, the Magistrates Court or the Crown Court could deal with the defendant. The decision as to which court to elect is often made by considering the plea before venue (s. 17A Magistrates Court Act 1980) and following, the mode of trial (Murphy et al, 2005). This all occurs at a rather early stage in the game, and often adjournment may be necessary to determine what kind of plea should be indicated. The defence will be awaiting Advance Information from the prosecution (Magistrates Court Advance Information Rules 1985), usually consisting of a summary of the case, charge sheet or summons, copies of witness statements, previous convictions and/or transcripts of the defendants interview under caution. Advance Information is supplied in the case of all either-way offences. It allows the defendant to know the case against them when considering their plea, as the plea will also dictate which court they are tried in and in effect what the maximum sentencing they receive will be. There is no obligation on the prosecution to serve Advance Information with a summary only offence yet, common practice dictates that they do so in order to prevent any possible impact that Article 6 of the Human Rights Act 1999 may have on the case (Sanders and Young, 2000). A mode of trial hearing is usually the most important part of the criminal proceeding for the defendant, bar of course the actual trial, as it has the greatest effect on which court the defendant will be tried in. The procedure for a mode of trial hearing is set out in s.19 of the Magistrates Court Act 1980. The court shall listen to both arguments from the prosecution and defence as to which court would be more suitable and would show particular regard to four qualifying factors. The nature of the case and whether the circumstances make the offence one of a serious character. Whether the punishment that the Magistrates Court could impose would be adequate for the offence committed and if there are any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way as opposed to the other. This last factor remains rather vague and all encompassing and is supplemented by the National Mode of Trial Guidelines setting out to a more specific point what the court should consider. The guidelines consist of general observations and guidance specific to individual offences (Murphy et al, 2005). Overall, the guidelines recommend that a case should be tried summarily unless specific factors apply and the sentencing power of the Magistrates Court is insufficient. If the court opts at this point that a summary trial is more suitable, the defendant can elect to be tried summarily or by a jury yet is warned that if he is tried summarily and convicted, the defendant may be committed to the Crown Court if the magistrates believe he requires a sentence which is larger than the punishment they are permitted to inflict. If the defendant elects a trial by jury at the Crown Court a committal proceeding follows. An election for the Magistrates Court may be a wise choice dependent on the nature of the offence. The magistrates have lower sentencing powers than a jury who is only limited by statute as to the sentence imposed for a particular offence. Magistrates sentencing powers are reflected by the number and type of offences being tried for. One or more summary offences will result in a maximum of 6 months imprisonment. One either-way offence will generate a maximum of 6 months imprisonment as will one either-way offence plus one or more summary only offences. However, two or more either-way offences can result in a maximum of 12-months imprisonment (Hungerford-Welch, 2004). The limits on the power of a Magistrates Court are currently changing under s.154 of the Criminal Justice Act 2003 (proposed implementation 2005/2006). Under s.154 the Magistrates Court will have the power to impose sentences of no more than 51 weeks for any one either-way offence and no more than 65 for more than one either-way offence. The Home Secretary can amend these limits to a maximum of 18 months and 24 respectively (Murphy et al, 2005). If, at the mode of trial hearing in the Magistrates Court, the court decides the trial should be done on indictment, the defendant is sent to the Crown Court for trial, and there is no choice to be made over the mode of trial (Sanders and Young, 2000). If the defendant elects trial (at the mode of trial hearing) in the Crown Court, he will have to go through a committal proceeding as set out in s.6 of the Magistrates Court Act 1980. This can occur in one of two ways, committal with consideration of evidence (s.6(1) Magistrates Court Act 1980) where evidence against the defendant (written only) is considered and if insufficient the defendant is discharged. This however, does not equate to an acquittal and if new evidence comes to light, the defendant can be charged again. A committal without consideration of the evidence (s.6(2) Magistrates Court Act 1980) is the second option and most commonly used, where all written and oral evidence is considered. The first version is only really used when the defence is convinced there is no case to answer (Murphy et al, 2005). This is another consideration the defendant will keep in mind when deciding by whom to be tried as being let off via a committal proceeding would be beneficial but the po tential of a charge being brought again in light of new evidence is not. Finally, the court has one last method to send the defendant to the Crown Court even if charged with summary offences. Under s.41 of the Criminal Justice Act 1988, the magistrates have the limited power to commit the defendant to the Crown Court in respect of summary offences when the court is committing the defendant for trial for one or more offences triable either-way and he is also charged with a summary offence punishable with imprisonment and/or disqualification from driving and the summary offences arise out of circumstances which appear to the court to be the same as or connected with the circumstances of the (or one of the) offences triable either-way (Murphy et al, 2005). Examining the legal procedural system, it seems the case is not clear-cut as to which decision-maker should be chosen. Further examination of the nature of each body would often also be considered by the perpetrator. Conceptually trial by jury may be favourable. The theory stands that a jury will consist of people similar to the defendant, the peers of the defendant and therefore will be able to apply the norms expected of that social group to the judgment. Further, a judge is often seen as a parental figure imposing the law so stringently that he often loses sight of the human element. With 12 voices coming together and debating on common grounds, the defendant may stand a fairer chance of coming away from the situation free. However, it is not often the case that a jury will be 12 individual voices. Richard Dawkins elucidated this point rather elegantly with a comparison to herring gulls. In his field of animal behaviour, a study was conducted by Niko Tinbergen concerning the colour preference of a herring gull. At birth, herring gull chicks peck at a red point on the yellow beak of their parents, which causes the parent to regurgitate any foods consumed that day. Tinbergen was curious to deter mine if the gulls were born with a pre-disposed colour preference to cause them to react to their environment as they did or if the behaviour was a learned one. Regardless of the results of this particular study, Dawkins points out that the interesting facet, with consideration to the jury structure in the UK, was the observation that when all the chicks were placed together in a pen and left to a make a selection, the group would all chose the same colour. The statistical possibility of 12 individuals making the same selection out of a choice of two is one out of 1024 (Dawkins, 1997). In the same respect, a jury of 12, when left to deliberate together, can all be swayed to follow the group decision which could effectively be made by one person. Someone who is strong enough to make a decision in a group with such vocality that it leads, will often be severely opinionated on an aspect of the case. This may cause the defendant to be futility swimming through a trial with little chance of fairness being applied. The best scenario of course would be to segregate all 12 jurors into separate decision-making chambers and collate the choices made by all 12 but perhaps unintelligent jurors or those who merely do not care will be granted too much power. A judge on the other hand has been educated in the law and is more or less free by holding virtual total discretion. The judge can pass any judgment he sees fit to pass limited only by statutory constraints imposed by the offence (and of course the desire to keep his job, much like the political restraints felt by parliament and their apparent sovereignty). The judge will have a standard against which to measure the case at hand built up through years of experience on the bench. The judge will be able to read a trial and to be aware of small details which would illuminate innocence or guilt which a jury would potentially miss in their naÃÆ'Â ¯vetÃÆ'Â ©. If a defendant were innocent then a trial by judge would be the most desirable mode of trial. Especially with a case in which the offence was rather serious. The law is so formulated that a man is innocent until he is proven guilty beyond reasonable doubt. A judge knows this and may stick more rigorously to the letter of the law t han a jury would who could easily be swayed by prosecution gimmicks such as photos of the crime or statistics of the crime in their neighbourhood. If a defendant, however, were to be guilty of a crime then the choice of a trail by judge and jury may stand in favour of the defendant as the emotional ability of the jury could work in his favour. Ultimately, the defendants personal preference will be a consequence largely on the crime and whether or not it was committed by him, i.e. innocence versus guilt. A judge alone would be a desirable choice for the innocent offenders while a jury would be best for a guilty offender. If the option were available for a trial by lay magistrates, this would be ideal due to their restricted sentencing ability and the assurance that at worst a fine and a maximum 12-month retention would be the result (subject to the new legislation being not yet being implemented). References: Broadbridge, S. (2002). The Criminal Justice Bill: Juries and Mode of Trial, Bill 8 of 2002-03. House of Commons Library, London. Dawkins, Richard (1997). Three herring gull chickthe reason juries dont work. The Observer 1997, London. Hoyle, C. and Young, R. (2003) Restorative Justice and Punishment in S. McConville (ed.) The Use of Punishment, Willan Publishing, Devon. Hungerford-Welch, P. (2004) Criminal Litigation and Sentencing (6th Edition). Cavendish Publishing, London. Murphy, P., Murphy, E. and Stockdale, E. (2005) Blackstones Criminal Practice. Oxford University Press, Oxford. Sanders, A. and Young, R. (2000) Criminal Justice (Second edition). London: Butterworths Young, R. and Sanders, A. (2002) From Suspect to Trial in The Oxford Handbook of Criminology 3rd ed. (eds M Maguire, R Morgan and R Reiner), Oxford: OUP, pp. 1034-1075

foolear The Very Foolish King in William Shakespeares King Lear :: King Lear essays

The Very Foolish King Lear Shakespeare's tragedy King Lear is a detailed description of the consequences of one man's decisions. This fictitious man is Lear, King of England, whose decisions greatly alter his life and the lives of those around him. As Lear bears the status of King, he is a man of great power, but blindly he surrenders all of this power to his daughters as a reward for their demonstration of love towards him. This untimely surrender of his throne sets off a chain reaction of events that sends him through a hellish journey. King Lear is a metaphorical description of one man's journey through hell in order to appease his mistake. As the play opens, one can almost immediately see that Lear begins to make mistakes that will eventually result in his downfall. The very first words that he speaks in the play are: Give me the map there. Know that we have divided In three our kingdom; and 'tis our fast intent To shake all cares and business from our age, Conferring them on younger strengths while we Unburdened crawl toward death.(Act I, Sc i, Ln 37-41) This gives the reader the first indication of Lear's intent to relinquish his throne. He is growing old and wants to "shake all cares and business" from his age. In a since he wants to retire from a job that you cannot retire from. He has no son to hand his throne down to, so he must give it to his daughters. He offers his daughters pieces of his kingdom a form of reward to his test of love. Great rivals in our youngest daughter's love, Long in our court have made their amorous sojourn, And here are to be answered. Tell me, my daughters (Since now we will divest us both of rule, Interest of territory, cares of state), Which of you shall we say doth love us most? That we our largest bounty may extend Where nature doth with merit challenge." (Act I, Sc i, Ln 46-53) This is the first and most significant of the many mistakes that he commits in this play. By relinquishing his throne to fuel his ego, he disrupts the great chain of being, which states that the King must not challenge the position that the gods have given him. This undermining the gods' authority results in chaos that tears apart Lear's world, leaving him, in the end, with nothing. Following this, Lear begins to banish those around him that genuinely care for him; he cannot seem to realize who loves him

Outline of Marijuanna

Outline for Persuasive Paper I. Thesis: Marijuana is a very prominent and controversial issue in society today. a. Preview statement: Legalizing marijuana has been successful in other countries and once our government understands and believes in the use of marijuana it will destroy the black market in the US. II. There are many pros of legalizing the use of marijuana. b. Health i. Marijuana is one of the most beneficial and therapeutically active substances known to man. ii. â€Å"Medical Marijuana for pain and Depression. † Disabled World . Disabled-World. Com, 1 1 2008. Web. 6 Feb 2013. . c. Economy iii. If pot was to be legalized the US could be savings up to $2 billion to $10 billion of tax payer money on law enforcement. â€Å"If drugs like marijuana became decriminalized, the prison industry would lose a large chunk of its business. † iv. Benson, Johnathan. â€Å"Hundreds of Economists Agree Marijuana Legalization Could Save U. S Taxpayers $13. 7 Billion Per Year . † Nation of Change. NationofChange. com, 22 4 2012. Web. 26 Feb 2013. . III. Many people can come up with cons of legalizing marijuana. d. Stepping Stones v. Keeping marijuana illegal makes it that much more difficult for someone to get addicted to it and be tempted to try out other, stronger drugs. vi. Gupta, Sourabh. â€Å"Pros and Cons of Legalizing Marijuana. † Buzzle. Buzzle. com, 10 2 2013. Web. 27 Feb 2013. . e. Increase in Consumption vii. one of the greatest worries that comes with the legalization of

Your First Steps to Making a Career Change

Your First Steps to Making a Career Change A career change is a big and oftentimes overwhelming undertaking. You’re hoping to enter an unknown world, maybe even one wildly different from the professional life you’ve known so far.  Alyssa Gelbard, founder and president of Resume Strategists Inc., offers some tips on how to tackle the challenges that come with switching industries. ResearchWhile you might speak the language of your current field, a new career comes with a whole new set of terminology and practices. You’ll learn the ins and outs as soon as you get a job, but before you do, do your research so you sound well-informed and feel confident when you go out on interviews.Learn how to sell yourselfThere’s a reason you’re taking this new career leap–you feel ready and qualified to work in a new field. Make a list of reasons why you want to make the change and why your specific skills are ideal for such a change. The more you discover exactly how your strengths align with a pote ntial new job, the better you can speak to them in cover letters and interviews.Network†¦ and then network some moreIf you’re shy about networking, start small–get the word out by mentioning your hopes of a career change when among friends or family. You’re not necessarily looking for someone to hand you a job; networking is about making connections and you never know if someone in your circle might be connected to another person who can give you advice and help.Taking the leap into a new career is brave and exciting. Approach your journey with confidence, even when you’re nervous–if you are determined and willing to put in the work, opportunities are sure to arise.

Free Essays on Simple As Black And White

Term Project Research log The Black Image in the White Mind: Media and Race in America B Robert M. Entman and Andrew Rojecki â€Å"Television ads now show many Blacks and eschew stereotypes. However, hidden patterns of differentiation and distance emerge on close analysis. Not surprisingly, for instance, Blacks do not touch Whites in the ads, but (unlike Whites) they rarely even touch each other,†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬  â€Å"blacks appear in more commercials, but only for less-expensive products). Using nuanced measurements and arguments,†¦Ã¢â‚¬ ¦Ã¢â‚¬  The main point in my paper is how the media manupulate our attitude about racial issues. How we view our own race identity and look at other races. This litte part in the book couht my attentnion If indeed this is a legit observation,What is does something like this convey to the audience? Black is Beautiful? The Creation of Black Womanhood Representation and Stereotyping Throughout American history, images of black women have been controlled by three main stereotypes that of the mammy, the tragic mulatta and the jezebel or whore. Blacks And Whites in Magazine Advertisements. George M. Zinkhan, Keith K. Cox, and Jae W. Hong Examines if any change has occurred in portraying black models in magazine ads since Tis article examines if any change has occurred in portraying black models in magazine ads since the 1950’s. The study also suggests that differences, while tending to decrease, still exist in the ways the blacks and whites are portrayed in the magazine ads. A Portrait of an Emerging Subculture. Current Issues and Research in Advertising Helena Czepiec and J. Steven Kelly I found this really intresting to read. The article examines how Hispanics are portrayed in advertising through analysis of two components. Characteristics of the models and values expressed in the ads about the character. It was kind of funny how the ads targeted at the Hispanic audience presented a... Free Essays on Simple As Black And White Free Essays on Simple As Black And White Term Project Research log The Black Image in the White Mind: Media and Race in America B Robert M. Entman and Andrew Rojecki â€Å"Television ads now show many Blacks and eschew stereotypes. However, hidden patterns of differentiation and distance emerge on close analysis. Not surprisingly, for instance, Blacks do not touch Whites in the ads, but (unlike Whites) they rarely even touch each other,†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬  â€Å"blacks appear in more commercials, but only for less-expensive products). Using nuanced measurements and arguments,†¦Ã¢â‚¬ ¦Ã¢â‚¬  The main point in my paper is how the media manupulate our attitude about racial issues. How we view our own race identity and look at other races. This litte part in the book couht my attentnion If indeed this is a legit observation,What is does something like this convey to the audience? Black is Beautiful? The Creation of Black Womanhood Representation and Stereotyping Throughout American history, images of black women have been controlled by three main stereotypes that of the mammy, the tragic mulatta and the jezebel or whore. Blacks And Whites in Magazine Advertisements. George M. Zinkhan, Keith K. Cox, and Jae W. Hong Examines if any change has occurred in portraying black models in magazine ads since Tis article examines if any change has occurred in portraying black models in magazine ads since the 1950’s. The study also suggests that differences, while tending to decrease, still exist in the ways the blacks and whites are portrayed in the magazine ads. A Portrait of an Emerging Subculture. Current Issues and Research in Advertising Helena Czepiec and J. Steven Kelly I found this really intresting to read. The article examines how Hispanics are portrayed in advertising through analysis of two components. Characteristics of the models and values expressed in the ads about the character. It was kind of funny how the ads targeted at the Hispanic audience presented a...

Hundred Years War Essay Example | Topics and Well Written Essays - 2250 words

Hundred Years War - Essay Example and Henry VI2. In the Hundred Years' War France and Spain were allied and supported the Scottish cause of independence from the English crown. England was allied with Portugal and Burgundy and controlled large sections of Aquitaine and northern France"3. The Hundred Years' War was initiated by the King Philip VI of France in 1337 when he stabbed to impound the territories of England which were situated in the southwestern France. The war was ended in 1453 with the victory of France that resulted in expelling of English from the continent. During the war many new weapons and war tactics were used by the French and English army. The historians consider the Hundred Years' War as the most significant conflict of the medieval warfare that further defined the history of both England and France. "The war was consisted of a series of set backs and victories for each side as well as a multitude of shifting alliances between the major and minor powers of Europe in the region"4. "The significance of the Hundred Years' War is the rise of nationalism it engendered, compared to earlier medieval conflicts"5. The English military secured victories in several battles fought during the war but at times they were also defeated by France. "The war laid waste to much of France and caused enormous suffering; it virtually destroyed the feudal nobility and thereby brought about a new social order. By ending England's status as a power on the continent, it led the English to expand their reach and power at sea"6. The English defeat in Hundred Years' War possesses several important aspects and reasons behind it which are going to be discussed after the background, causes and other information about the war. About Hundred Years' War The background for Hundred Years' War was stated preparing 400 years as a result of conflicts occurring between the English and French King. "The conflicts arise because the King of England being a vassal of French King, rules the territory of France more than the King of France himself"7. The French attempted to resolve the problem in three decisive wars including the conquest of Normandy in 1214, The Saintonge War in 1242 and the War of Saint-Sardos in 1324. These wars resulted in the end of English hold on the continent. The conflicts between the two countries grew along with time. "One of the major conflicting issues between England and France was regarding the duchy of Aquitaine which was located in Southwestern France"8. In 1259, the Treaty of Paris designated that Henry III held the duchy as a fief of the French king Charles IV, King of France who will pay liege homage to the king but the situation become complicated with the death of Charles IV, King of France in 1328 without a male heir. Edward III, the King of England claimed that he has a right to take the thorn as his mother was the sister of King Charles. In 1337, the war was started when Edward III raided into French territory and became the King of France. This action of King Edward III initiated the series of war which spread over a century. There were many battles fought during the war period including the Battle of Crecy and Battle of Poitiers which were

Illegal immigrants receiving social services, for example, food Essay

Illegal immigrants receiving social services, for example, food stamps, welfare, and medical care - Essay Example Most these people come from the South America and Southeast Asia. Majority of these undocumented immigrants head to California, Texas and Florida. The large number of immigrants, whether legal or illegal significantly impacts the economical state of the country. The Federation for American Immigration Reform estimates about $45 billion worth of expenses for providing social services, education, roads, prisons and other services to these unauthorized immigrants (Glicken, p.375). In contrast, studies that focus on illegal immigrants such as a paper published by the American Immigration Law Foundation indicate that unauthorized immigrants does not use public services as much as the legal immigrants (Wepman, p.339). The paper specifically states that a 1987 study as an example that just 2% of illegal Mexican immigrants received welfare and just 3% accepted food stamps (Wepman, p.339). This suggests that unauthorized immigrants are not significantly impacting the social welfare system of the United States. One of the major concerns relating to undocumented immigrants is their use of the social welfare system. Because these illegal immigrants come to the United States without resources or employment, they use the services and public support provided by the United States. ... ill humans and they have the right to live, thus, the Welfare Reform Act of 1996 was provisioned to restrict them from any grants and retirement, welfare, health, disability, food assistance and unemployment benefits but still receive emergency medical services. Undocumented immigrants have clearly impacted the economical and social state of the country. Conservatives believe that these people drain the social welfare as they go about using the legal taxpayers’ money for their social needs, such as medical and food assistance. On the other side of the fence, opposing views believe these people do not so much take a part of the social welfare system as the legal citizens and immigrants do. Because undocumented immigrants know and understand that they are unauthorized immigrants, they do not come forth claiming benefits for fear of being identified, thus risking deportation. That is also the main reason these people are underpaid, overworked and unfairly treated in labor, housin g and education. It is important to understand that illegal immigrants do not actually have the same federal rights as the legal immigrants. Thus, they have a lower chance of using the social welfare system to cover their needs. Yes, they impact the social welfare system in terms of medical services but it doesn’t mean they aim to spend billions of dollars claiming medical benefits. What is important for them is to live and not to die. That’s actually the main reason they come to the hospital, even if they know they are undocumented immigrants, and not to extort money from the state. Yes, there are some groups calling for increased benefits for the illegal immigrants but the state is still in control of who they provide the services for and who they restrict. That’s the reason for the