The legal framework: Protecting the Citizen

The legal framework is there to protect the Rights of all Citizens. We will find out how Citizens can gain redress if their Rights have been violated.

We needs laws because….

You can not handle the truth http://www.youtube.com/watch?v=8hGvQtum NAY

Mix and Match Law Morality Justice God-Given Law Rule of Law

The Lay Magistrate Magistrates courts are usually mad up by people from the local community who have no professional legal qualifications and are unpaid. They hear well over 95% of Criminal cases in England and Wales The 30,000 magistrates receive training to give them sufficient knowledge and the nature and purpose of sentencing.

The Lay Magistrate They provide a less expensive form of justice than using professional judges They ensure that the legal system does not fall into the hands of the professionals, as lay persons they are more in touch with the everyday life of the community and can brig a broader experience to bear in their judgements than judges They have a knowledge of the area. Which enables them to take particular issues and problems into account-this means that they can relate the administration of justice to local conditions. Although they are often middle class and middle aged to elderly, they are more socially representative than judges.

The Lay Judges Sentences passed by magistrates across the country tend to be in consistent-people who have been guilty of similar crimes can therefore be treated differently They are more likely than juries to convict, for they may be more subject to local attitudes and pressures and may see their role as being to take a strong stance on any threat to community order-a judge and jury would provide greater fairness to the defendant Much use is made of middle aged-self employed and retired persons, so that they are socially unrepresentative of their communities in which the bulk crime is committed by young people Because of their lack of legal expertise, magistrates tend to be too reliant on their more professional qualified clerks.

Criminal Law, Administrative Law and Civil Law Divisions of Law: Law is made by Parliament (statue law) or the courts (case law) although today, a majority of laws are made by the EU

Criminal Law: Covers offences against the person…… Criminal Law: Covers offences against the person……. The Police will arrest the suspect 1st and the Criminal Prosecution Service will decide if there is enough evidence to carry on the procedure and go to Court. The Court must convince the jury beyond any reasonable doubt that the defendant is guilty. A guilty verdict at court will result in…

Civil Law: This is seen as less serious than Criminal Law Civil Law: This is seen as less serious than Criminal Law. It deals with disputes between a plaintiff and a defendant The aim of the proceedings are to exact damages (normally in the form of compensation.) It is not about who is guilty it is about who is liable or negligent. (Have a duty of care, have breeched their duty of care and there has been a damage)

Mullins v Richards (1998) Teresa and Heidi were having a sword fight with plastic rulers. A piece of plastic flew in Teresa’s eye. Judgement: Teresa has a duty of care and she had breeched it as the injury was foreseeable. Court of Appeal: there was no negligence as Heidi was a child and the girls were playing a child’s game with no foreseeable injury.

Other Remedies available in civil law: Injunction (Tiger Woods had a gagging order placed on British Media) Specific Performance Damages: The Sheridan case of defamation against the news of the World. Defamation cases and terrorists were up from 4% of cases in 2005 to 13% in 2007 Defamation cases and celebs made up 30% of the total number of defamation cases in 2006/7 as opposed to 17% in 2004/5. British defamation law is quite favourable to defendants so many celebs choose to sue in the UK as opposed to abroad. (Cameron Diaz sued America’s National Enquirer in the High Court in London as did Kate Hudson I 2006.)

A Classic speech http://www.youtube.com/watch?v=k8TgqenWW0I&featur e=related http://www.youtube.com/watch?v=8hGvQtumNAY

Hwk Why punish: Retribution Protection Deterrence Reformation Explain 2 other punishments that can be given other than a custodial sentence. Explain what they are and give reason why they have /have not been successful.