Court Observation Report Kingston-Upon-Thames Crown Court The Crown Court was created by Courts Act 1971. The Crown Court of England and Wales is one of the constituent parts of the Senior Courts of England and Wales. It is the higher court of first instance in criminal cases. However‚ for some purposes the crown court is hierarchically subordinate to the High Court and its divisional Courts. The Crown Court also hears appeals against conviction and sentence from those convicted in the magistrates
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Outline the role or EITHER: Judges‚ Magistrates or Juries. Refer to the strengths and weaknesses of their role in the legal system. Jury service is something that a person may be asked to do within their life. A jury is made up of up to 12 people‚ who are chosen at random from the electoral role. It is illegal for a person to refuse jury service and could be fined of up to £1‚000‚ if they do so (www.direct.gov.uk). A juror can be excused from service but has to follow the procedure on the form
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on jurors to come to an impartial decision when deciding guilt or innocence? Most criminal courtrooms across the United States of America has establish a hidden benchmark that the criminal courtroom environment does help set the tone and pace for juries to keep an open mind to come to an unbiased and impartial decision when asked to do so under the strict state guidelines for jurors. Exploring and challenging some of the possibilities to this question can help breakdown what a criminal courtroom
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As the name suggests‚ the adversary system in Australia refers to a method of trial‚ which involves contestants or adversaries‚ that is‚ it is an adversarial approach in attempting to resolve legal issues between two opposing sides. There are five features of the adversary system in Australia; contest; party control; strict rules of evidence and procedures; role of the judge or magistrate and single event trials. The strengths and weaknesses of the adversary system‚ which has evolved through out
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He went to retrial and was convicted of reckless manslaughter and sentenced to twenty years in prison. He appealed this conviction to the Alabama Court of Appeals on the grounds that the jury was not given instructions on criminally negligent homicide. Issue: * Is there error in the court denying a jury instructions on criminally negligent homicide‚ instead instructing on reckless manslaughter‚ which alleges the defendant had intent to kill‚ when there is enough evidence to support the theory
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ASSESS THE EFFECTIVENESS OF THE CRIMINAL TRIAL PROCESS AS A MEANS OF ACHIEVING JUSTICE. The criminal trial process is a vital part of the criminal justice system in NSW as it plays a fundamental role in achieving justice‚ by determining the innocence or guilt of an offender. Yet‚ despite the criminal trial process still having many complex issues that remove it of achieving its full means of justice‚ the process has stood the test of time and lasted for more than two centuries. It aims at lawfully
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where Milk was known as the Mayor of Castro street to City Hall and held a silent vigil in the memory of Milk and Mayor Moscone. During jury selection Whites attorney made sure to exclude those who supported gay rights or those he thought were gay and eventually got a jury of working-class Catholic jurors. The prosecution lead by Thomas Norman aimed to convince the jury that this murder had every aspect of first-degree murder‚ malice‚ premeditation and deliberation. Various witnesses were called to speak
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is one important rule which is known as the presumption of innocence‚ “A defendant is presumed to be innocent until he pleads guilty in court or‚ if he pleads not guilty until he is proved to be guilty in court.” (Class notes‚ 2010.) This means the jury or magistrate must be sure the defendant is guilty beyond all reasonable doubt. The Court system with in criminal law consists of: House of Lords; Court of Appeal (criminal division); Queen’s Bench divisional Court; Crown Court and Magistrates Court
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26 November 2012 12 Angry Men directed by Sidney Lumet: Justice System Twelve Angry Men is a movie set in a jury deliberation room where the twelve male members of jury meet to decide upon the innocence or guilt of a young man accused of stabbing his abusive father to death. A unanimous vote is necessary to either convict or acquit the accused. Initially‚ eleven of the jury members decide upon a guilty verdict and subsequently the film moves into the jury’s analysis of the evidence of the
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Substitutes for Evidence During a trial there may come a time that a jury is specifically told what facts to believe instead of having both attorneys introducing evidence to them. The three categories that these facts fall under are called stipulation‚ judicial notice and presumptions (Hails 2009). A stipulation is an agreement between both attorneys that a one or more facts exist in regards to the case (Hails 2009). A written document stating the stipulation is introduced in court if the
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