Preview

Legal Studies Essay- Rule of law

Better Essays
Open Document
Open Document
1307 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Legal Studies Essay- Rule of law
Law is necessary for the effective operation of a society as it ensures the protection of a population and certifies that justice is fair. The law is essential as if it was non-existent, society would descend to anarchy. The law is in place to protect the whole of society, especially weaker individuals or groups within a community. Another reason that law is fundamental, is it provides equity and fairness within society; however, this is not always accurate as a number of aspects can result in an inequality such as an individual’s financial status, or a language barrier. This can be supported through various media files regarding legal processes, concepts and outcomes.

One reason law is essential to the efficient operation of a society is that it provides a consistent, fair and just way of governing a community. It is extremely important that every member of the community has a fair trial and course of justice, as well as the idea that no one is above the law, and no person is allowed to take justice into their own hands, as outlined in Dicey’s rule of law. This is demonstrated through the case study of Simon Gittany. Gittany was accused of murdering his fiancée. He received procedural fairness as he had the charges he was accused of made aware to him, a judge was present to sentence him and he was given the right of a fair trial. Further from this, Gittany requested a judge-only trial, or a trial with the absence on a jury, due to the high media speculation that surrounded the case. This ensured that the verdict was just, as a jury may have been susceptible to the influences of the media, rather than a judges’ impartial viewpoint. This example highlights the law’s fair and just nature, however, the legal system and a judicial decision may not always fair due to factors such as financial status, a language barrier, insufficient or new evidence arising or high media coverage of a case. The issue of financial cost can influence the accuracy of a verdict as legal



Bibliography: Bibby, P. 2013. DPP appeals against Kieran Loveridge sentence over Thomas Kelly king hit death. [online] Available at: http://www.smh.com.au/nsw/dpp-appeals-against-kieran-loveridge-sentence-over-thomas-kelly-king-hit-death-20131114-2xjfl.html [Accessed: 8 Mar 2014]. Marcus, C. 2013. Man murdered toddler after argument with boy 's mother, court told. [online] Available at: http://www.abc.net.au/news/2013-08-20/man-stands-trial-accused-of-murdering-toddler/4900192 [Accessed: 8 Mar 2014]. Samuels, J. 2013. Jill Meagher Killer Sentenced To Life In Prison. [online] Available at: http://news.sky.com/story/1105482/jill-meagher-killer-sentenced-to-life-in-prison [Accessed: 8 Mar 2014]. Wells, J. and Hoerr, K. 2014. Simon Gittany sentenced to at least 18 years for fiancée 's murder. [online] Available at: http://www.abc.net.au/news/2014-02-11/simon-gittany-sentenced-to-18-years-for-fiancees-murder/5251168 [Accessed: 8 Mar 2014]. Wilson, L. 2013. High Court strikes down ACT gay marriage law | The Australian. [online] Available at: http://www.theaustralian.com.au/national-affairs/high-court-strikes-down-act-gay-marriage-law/story-fn59niix-1226781474406 [Accessed: 8 Mar 2014].

You May Also Find These Documents Helpful

  • Good Essays

    In Martin Luther King Jr.’s “Letter from Birmingham City Jail”, King talks about how to know the difference between just and unjust laws. He states, “Any law that uplifts human personality is just. Any law that degrades human personality is unjust”(Shafer-Landau 408). King believed that unjust laws promote disharmony and that these laws essentially destroy human personality, while just laws uplift personality. In his opinion, he believed that laws were characterized as just laws if they were helping to make an individual better as a person, if it did not meet those standards it was considered to be an unjust law. An unjust law is a “code that is out of harmony with the moral law”(Shafer-Landau 408) essentially meaning that an unjust law is a law that is…

    • 497 Words
    • 2 Pages
    Good Essays
  • Better Essays

    As part of my studies in the MA social Work and Law module I attended Hull Crown Court. During the visit I witnessed three sentencing sessions. In this paper I aim to project a reflective account of my own thoughts and feelings regarding the Crown Court environment and my initial perceptions of the power dynamics of the Court room officials. The profile and demographics of the defendants will be briefed, with the aim of finding links between them. We will then introduce the nature of the offences been heard for sentencing, and the way in which these where addressed in consideration to social work values and ethics.…

    • 1628 Words
    • 7 Pages
    Better Essays
  • Good Essays

    On the morning of Sunday 21st April 1996, a young Hobart man, Martin Bryant armed himself with three high powered automatic firearms and a large quantity of ammunition and then drove to Port Arthur. North of Port Arthur, he entered the home of a couple he briefly met as a child. Inside he started his rampage, shooting them both. Once he arrived at the Historical Site Port Arthur he ate a meal at the Broad Arrow Café. He then waited till his meal was finished to take his rifle from his bag and began to indiscriminately shoot around the crowded Cafe. Within the first 90 seconds, 20 people had died and 12 were injured. The man then moved to the adjacent car park, where he shot and killed four more people and added to the toll of injured people as well. After shooting at people in the grounds of the Historic Site, he maneuvered into his car and drove up the former main entrance road to the original toll booth. In this area, seven more people were killed in two separate incidents, during which he stole a victim’s car and abandoned his own. Driving north to a General Store, he killed another person and took one hostage then drove back to the place of his first killings, firing random shots at vehicles along the way. At the house, he continued to set fire to the stolen car and then took his hostage inside. Through the afternoon and night, shots were fired at police officers on the scene. At some point during this time, Bryant killed the hostage. When morning arrived, he set fire to the house and was captured by police as he fled. By the time the incidents had finished he had killed 35 people and injured 18. . Bryant had 72 criminal charges pressed against him and 551 witness statements were entered. After initially pleading “not guilty” to 72 charges, his plea was changed after conversations with his lawyer. He was sentenced to life imprisonment with no eligibility for parole on all 35 murder charges, plus 21 years for each of the remaining counts of the indictment.…

    • 903 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence, a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders.…

    • 570 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Casey Anthony Trial

    • 1592 Words
    • 7 Pages

    References: Cox Media Group. (2012). Casey Anthony Jailed On First-Degree Murder in Daughter 's Death. Retrieved from http://www.wftv.com/news/news/casey-anthony-jailed-on-first-degree-murder-in-dau/nFCYF/…

    • 1592 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Legal Studies

    • 1950 Words
    • 8 Pages

    On 11 April 2008, John Harry Faehndrich was convicted by a jury of the charge that he, on 13 August 2006, at Forster in the State of New South Wales, did murder Dianne Condon. The deceased died when she was stabbed by the prisoner with a pair of scissors and her vertebral artery was incised. The prisoner stabbed her a minimum of four times to the right and right back of the neck. A heavy degree of force was used causing very extensive injuries to the spinal column and upper area.…

    • 1950 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    •Monica Szlekovics, mid-20's, who tries, through her writing, to convey to her mother that, with a sentence of 50-to-life, there's a strong chance she will never leave prison.…

    • 730 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    David Milgaard was charged with murder of Saskatoon nursing aide Gail Miller in 1969. He was then sentenced to life in prison in January 1970. He had made many appeals to the Saskatchewan Court of Appeal and Supreme Court of Canada.…

    • 144 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Leo Frank Case

    • 715 Words
    • 3 Pages

    After being convicted for the murder, Leo Frank went through many appeals to get his death sentence repealed. Eventually, a judge finally granted Frank commutation, and reduced Frank’s sentence to life…

    • 715 Words
    • 3 Pages
    Good Essays
  • Good Essays

    David Gelernter in his essay “Punishment and the Death Penalty” noted, “after all, we are divided and confused on the issue. The community at large is strongly in favor of capital punishment; the cultural elite is strongly against it” (as cited in Hinman, 2006, p. 149). With this in mind, any answer regarding sentence for Grady would be predetermined, and it would depend on the slice of society the respondent would represent. As for the David Gelernter himself, if he has become one of the jurors, he probably would be in the cohort that ask for extended sentence and oppose the capital punishment. But, on the other hand, David Gelernter was in fact the very victim in a tragic incident, that left him with damages to right hand and right eye (Jenkins…

    • 740 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In London just this past year, there has been a string of six stabbings. These stabbings were all committed by one person. A teen named Zakaria Bulhan pleaded guilty at London's central criminal court to manslaughter. He also admitted to killing 64 year old, Darlene Horton and injuring five people with a knife in London last year. Bulhan admitted even more however, he also admitted that he committed five counts of wounding with intent to cause grievous harm. At only 19 years old, Bulhan is standing trial for one murder and five attempted murders.…

    • 271 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Murder is a uniquely, heinous crime hence a mandatory life sentence is justified. However the former lord chief justice, Lord Bingham delivered his speech in 1988, rejecting the dispute that murder was a ‘uniquely evil crime’ and only a life term would validate. He argued that murder varied significantly and it was “unjustifiable” to treat them all equally. He then announced the case of paratrooper Lee Clegg, who was imprisoned for life for murdering a joy rider in Belfast. Lord Bingham concluded that he did not find it acceptable to give the same sentence as a mass murder such as Fred West. Currently, all killers are automatically given a life sentence. The judge recommended a number of years to be served, however it can be altered by the Lord Chief Justice and the Home Secretary, once the tariff is given to the offender the Home Secretary can then decide when the murderer should be released from jail.…

    • 1199 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Update: On June 4, CeCe McDonald was sentenced to 41 months in prison. This is the minimum sentence for second degree manslaughter in Minnesota. CeCe will receive credit for the 275 days she's already spent in custody. Along with a reduction in time served for presumed good behavior, McDonald will likely be released from prison in under two years.…

    • 1812 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Assignment 5 SJD

    • 921 Words
    • 4 Pages

    2. Two men each get life sentence for two murder, March 27, 2015 at 12:07 by Sapa…

    • 921 Words
    • 4 Pages
    Good Essays

Related Topics