The Criminal Justice System
LAW
Introduction
What is law?
Law is a set of rules to govern the conduct of people in a civilized society. Everyone must abide the same rules. Today we live in a complex society and laws are more complex and sophisticated.
Criminal law and civil law
A crime is a offense against the state.To prevent our society against antisocial behavior criminal law is created, the police enforce these criminal laws. Then society will prosecute that person for that crime. Other crimes involve other enforcement agencies but again it will be the community or society which punishes the offender and which pays for the detection and prosecution of the offender. The prosecution of a criminal conviction must establish to essential elements: prohibited act and guilty mind. …show more content…
European law- law resulting from our membership of the European Union
Enforcement of laws
The UK has a hierarchy of courts: courts of first instance and appeal courts. The court system has two categories. First the civil court system: one party commence proceedings, in the case of High court cases is this done by a writ. Second the criminal law system: proceedings are commenced on behalf of the state for example the Crown Prosecution Service.
How laws apply
I. Judicial precedent
A decision in a common case sets a precedent which is followed in subsequent cases. This system requires two features:
1. Hierarchy of court
The higher up the court system decision is made, the more authority the decision has. Decisions made by the House of Lords are important but the magistrates’ court decisions are not important.
2. Law reporting system
There is a reliable written record of the reasons needed for decisions to be judicial precedent.
II. Judicial interpretation of legislation
The task of deciding what the legislation means is called interpreting the legislation this is done by the court. It is their job to apply the set of rules to a particular case.
Some aspects to civil law
I.
Introduction
What is law?
Law is a set of rules to govern the conduct of people in a civilized society. Everyone must abide the same rules. Today we live in a complex society and laws are more complex and sophisticated.
Criminal law and civil law
A crime is a offense against the state.To prevent our society against antisocial behavior criminal law is created, the police enforce these criminal laws. Then society will prosecute that person for that crime. Other crimes involve other enforcement agencies but again it will be the community or society which punishes the offender and which pays for the detection and prosecution of the offender. The prosecution of a criminal conviction must establish to essential elements: prohibited act and guilty mind. …show more content…
European law- law resulting from our membership of the European Union
Enforcement of laws
The UK has a hierarchy of courts: courts of first instance and appeal courts. The court system has two categories. First the civil court system: one party commence proceedings, in the case of High court cases is this done by a writ. Second the criminal law system: proceedings are commenced on behalf of the state for example the Crown Prosecution Service.
How laws apply
I. Judicial precedent
A decision in a common case sets a precedent which is followed in subsequent cases. This system requires two features:
1. Hierarchy of court
The higher up the court system decision is made, the more authority the decision has. Decisions made by the House of Lords are important but the magistrates’ court decisions are not important.
2. Law reporting system
There is a reliable written record of the reasons needed for decisions to be judicial precedent.
II. Judicial interpretation of legislation
The task of deciding what the legislation means is called interpreting the legislation this is done by the court. It is their job to apply the set of rules to a particular case.
Some aspects to civil law
I.