Chapter 9 Justice and the Law

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Chapter 9 Justice and the Law
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Pictures
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(No Transcript)
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Focal Questions

• What are the basic principles of the legal system
  in England and Wales?
• How many types of courts are there in the legal
  system in England and Wales? What are their
  different functions?
• What is precedence? Why is it practised in a
  British court?
• Which feature of the English judicial system
  impresses you most? Why?

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Basic principles simple sum-up

• The rule of law----everybody is subject to the
  law
• ----laws
  must not be arbitrary
• ----a
  person is innocent until
  proven guilty
• Natural law ----a law is higher than a man-made
  law
• Natural justice----reflection of the prevailing
  moral view of the society

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The Rule of Law

• No one is above the law.
• "For as in absolute governments the king is law,
  so in free countries the law ought to be king
  and there ought to be no other."
• Thomas Paine, Common Sense (1776)
• Opposed to dictatorship, anarchy
• Due process

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A 1 Introduction Basic Principles of
English Law

• What is the Law that is higher than man-made law?
  What are the criteria?
• What kind of orders are soldiers expected to
  disobey? Give examples.
• What about slavery and genocide?

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A 1 Introduction Basic Principles of
English Law Natural Law

• Natural Law A system of universal moral and
  ethical principles that are inherent in human
  nature and that people can discover by using
  their natural intelligence (e.g., murder is
  wrong parents are responsible for the acts of
  their minor children)
• Natural Law is higher than Man-made law. Eg.
  Nuremberg War Crimes Trial
• Natural Justice -- reflections of prevailing
  moral view of society

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A 1 The Supremacy of Parliament

• Parliament can pass, repeal and alter any of
  Britains laws. This is one of the major powers
  that a government has .
• Parliament also has the power after going
  through its own parliamentary processes of
  altering its own laws.
• In theory there is no body that can declare a law
  passed by Parliament as unconstitutional - though
  the full impact of the European Court is not yet
  known.
• But decisions of the European Court must be
  accepted in UK.

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A 1 Introduction -- Two branches of law

• Civil law -- defines and enforces the duties or
  obligations of persons to one another.
• Criminal law -- by contrast, defines and enforces
  the obligations of persons to society as a whole.

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A 1 Introduction Sources of British Law

• Common Law decided by judges, their decisions
  in cases being arrived at after considering the
  customs and practices of the people involved.
  This kind of law has evolved long before
  Parliament became the main law-making body.
• Statute Law made by Parliament
• Case Law has evolved through decisions in
  actual trials
• European Union law

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Most ridiculous British laws

• 1. It is illegal to die in the Houses of
  Parliament (27)
• 2. It is an act of treason to place a postage
  stamp bearing the British monarch upside-down
  (7)
• 3. In Liverpool, it is illegal for a woman to be
  topless except as a clerk in a tropical fish
  store (6)
• 4. Mince pies cannot be eaten on Christmas Day
  (5)
• 5. In Scotland, if someone knocks on your door
  and requires the use of your toilet, you must let
  them enter (4)

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Most ridiculous British laws

• 6. In the UK a pregnant woman can legally relieve
  herself anywhere she wants, including in a
  policeman's helmet (4)
• 7. The head of any dead whale found on the
  British coast automatically becomes the property
  of the King, and the tail of the Queen (3.5)
• 8. It is illegal not to tell the tax man anything
  you do not want him to know, but legal not to
  tell him information you do not mind him knowing
  (3)
• 9. It is illegal to enter the Houses of
  Parliament in a suit of armour
• 10. In the city of York it is legal to murder a
  Scotsman within the ancient city walls, but only
  if he is carrying a bow and arrow (2)

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Most ridiculous foreign laws

• 1. In Ohio, it is illegal to get a fish drunk
  (9)
• 2. In Indonesia, the penalty for masturbation is
  decapitation (8)
• 3. In Bahrain, a male doctor can only examine the
  genitals of a woman in the reflection of a mirror
  (7)
• 4. In Switzerland, a man may not relieve himself
  standing up after 10pm (6)
• 5. In Alabama, it is illegal to be blindfolded
  while driving a vehicle (6)

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Most ridiculous foreign laws

• 6. In Florida, unmarried women who parachute on a
  Sunday could be jailed (6)
• 7. In Vermont, women must obtain written
  permission from their husbands to wear false
  teeth (6)
• 8. In Milan, it is a legal requirement to smile
  at all times, except funerals or hospital visits
  (5)
• 9. In Japan, there is no age of consent (5)
• 10. In France, it is illegal to name a pig
  Napoleon (4)

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Legal systems

• Civil law (Continental European law)
• The central source of law codifications in a
  constitution or statute passed by legislature, to
  amend a code.
• Common law and equity
• The decisions in cases by judges a legislature
  that passes new laws and statutes (not to amend a
  collected and codified body of law)
• Religious law a religious system or document
  being used as a legal source, varied methodology

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• the common law has in itself a number of
  historical sources which were, prior to Conquest,
  embodied in local custom. The unique contribution
  of the Norman Conquest, was to unify these local
  customs into one system of law common to all men,
  for this reason termed the "common law".
• Walker Walker, The English Legal system,
  London l976, The English Legal system, London
  l976,p.3

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Constitutional Reform Act 2005 (1)

• Lord Chancellor remains, but with much less power
  over judiciary and no longer automatically
  Speaker of Lords
• Title will usually be held by the Secretary of
  State for Constitutional Affairs
• Holder can come from either House

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Constitutional Reform Act 2005 (2)

• New Supreme Court formed, with independently
  appointed members
• Will move into new buildings in Middlesex
  Guildhall in 2008
• Lords will lose its judicial functions

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The Court System

• Civil branch Criminal branch

Supreme Court
Court of Appeal
Court of Appeal
Crown Court
High Court (QBD, CCD, FD)
County Court
Magistrates Court (JPs, stipendiary magistrates)
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A 3 Legal Advice Assistance

• Who pays for it?
• 3 forms of legal aid
• Legal Advice Assistance who offers aid? ?
• Civil legal Aid represented by whom?
• Criminal Legal Aid -- privilege or right?
  represented by whom?

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A 4 Inside the Courts cont

• What are the qualifications for judges?
• Where do magistrates come from? What are their
  jobs? How important are they? Are they paid for
  the jobs?
• In which branch of court do you find a jury?
• Sentencing
• What is the most severe punishment in Britain?
• Pp 155-157

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How Are Magistrates Appointed?
Requirements of local communities number,
gender, ethnicity, etc
Application
Advisory Committee
Qualifications
qualifications
Interviews
Qualifications/Disqualifications e.g. age,
residence, occupation, criminal record No formal
qualification is
Recommendation to the Lord Chancellor
Appointment
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Magistrates or Justices of the Peace (JPs)

• At least 26 half-days per year to sit in court
• Volunteers from all walks of life
• Around 95  of criminal cases in England and
  Wales
• Not paid for their services
• Time off with pay, or allowances at a set rate
• Selection based entriely on merit

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Your role as a magistrate

• Determining whether a defendant is guilty or not
  and passing the appropriate sentence
• Deciding on requests for remand in custody
• Deciding on applications for bail
• Committing more serious cases to the Crown Court
• Cases in the family and youth courts.
• A 'bench' of three (an experienced chairman with
  two other magistrates)
• A trained legal advisor

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English Judges
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A 5 Outside the Court The Professional

• Barristers and Solicitors
• Differences in training
• Work
• See pp157-159, handouts

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Barrister (P158)
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Solicitor (P158)

• A solicitor

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Your Role As A Juror

• Selected at _____ from the electoral _____
• To represent the ___________ of a society
• Between 18 and ___
• Disqualified people
• On _______, sentenced to ___________ or ________
  service, currently on ____
• To discuss _________ with the jury officer in
  confidence before being selected to sit on the
  trial

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Your Responsibilities

• To carefully consider the ______ presented to you
• To decide with fellow jurors whether the _______
  is guilty or not of the _____ theyve been
  charged with
• ____ call failure to attend resulting in ____
• To arrive at court on time otherwise contact the
  jury officer immediately
• To bring your _______
• To ____ if delay is ______ of control
• To get ______ from court staff to ____ the jury
  area or the court building

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The Courtroom

• The judgeto control proceedings from the _____
  in the front of the court room
• A ___ Court Judge My ___/___
• A Circuit Judge (Crown Court, County Court, High
  Court of Justice) Your _____
• Judges wearing ____ and ___
• Court ____ black gown, probably also a wig
• ___ of the court black gown

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The Courtroom

• Facing the bench2 ____ ____ representing
• The ______
• The _____
• _____ black gown, wig, representing and arguing
  that case to the ____
• The defendant sitting in the ___, accompanied by
  a ___ officer
• Witness witness ___, sometimes via a ___ link or
  behind the ____
• An area for the press the public ____

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Jury Selection

• A ____ Jury officerrandomly selected, around 15
  people
• (In court) Court ___12 people
• The defence or prosecution advocate ______ the
  selection of a particular juror
• ________ challenge
• ____ reading 2 versions available

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The Trial (Case for the prosecution and for the
defence respectively)

• Court clerk to read out the ______
• The prosecution outlining details of the _____
• Witnesses being called, ____, and _________
• Evidence-in-chief
• (The defence) Cross-examination questioning the
  witness to find out ___________ and ___________

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The Judge

• To ________ from time to time to keep the trial
  on course
• To deal with the point of ___ or a ________ that
  has arisen
• To ask the jury to ______ the room

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Closing speeches

• Both the prosecution and the defence
• Talking directly to the ____
• Judges summing up (what the law _______, the
  ____ of the case)
• A ___ passed via an ____ to judge for further
  ____________ or questions
• Raising ____ or passing note to raise the ___s
  attention feeling unwell, going to the toilet,
  or being ______ by evidence

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Not under influence of outside factors

• No ____ with anyone other than fellow jurors
• No ______ of items of evidence or notes from the
  courtroom
• Notifying the jury officer or usher if ________
  by anyone else

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The Verdict

• The jury ___________ room to discuss the
  evidence, to make decision
• To nominate a ______ or ______ to chair the
  discussion as a __________ in courtroom
• A serious offence to ______ any information
  about anything discussed in the jury room
• __________ or majority verdict
• Answering only questions from a ____

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Your Rights

• _______ jury officer, court office
• To _____ if summoned again within 2 years
• To claim expenses and an __________

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Your Role As A Juror

• Selected at random from the electoral register
• To represent the cross-section of a society
• Between 18 and 69
• Disqualified people
• On probation, sentenced to imprisonment or
  community service, currently on bail
• To discuss eligibility with the jury officer in
  confidence before being selected to sit on the
  trial

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Your Responsibilities

• To carefully consider the evidence presented to
  you
• To decide with fellow jurors whether the
  defendant is guilty or not of the offence theyve
  been charged with
• Roll call failure to attend resulting in fine
• To arrive at court on time otherwise contact the
  jury officer immediately
• To bring your summons
• To wait if delay is outside of control
• To get permission from court staff to leave the
  jury area or the court building

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The Courtroom

• The judgeto control proceedings from the bench
  in the front of the court room
• A High Court Judge My Lord/Lady
• A Circuit Judge (Crown Court, County Court, High
  Court of Justice) Your Honor
• Judges wearing robes and wigs
• Court clerk black gown, probably also a wig
• Usher of the court black gown

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The Courtroom

• Facing the bench2 legal teams representing
• The prosecution
• The defence
• Advocate black gown, wig, representing and
  arguing that case to the jury
• The defendant sitting in the dock, accompanied
  by a dock officer
• Witness witness box, sometimes via a video link
  or behind the screen
• An area for the press the public gallery

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Jury Selection

• A panel Jury officerrandomly selected, around
  15 people
• (In court) Court clerk12 people
• The defence or prosecution advocate challenge
  the selection of a particular juror
• Impersonal challenge
• Oath reading 2 versions available

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The Trial (Case for the prosecution and for the
defence respectively)

• Court clerk to read out the charges
• The prosecution outlining details of the
  offences
• Witnesses being called, sworn, and questioned
• Evidence-in-chief
• (The defence) Cross-examination questioning the
  witness to find out weaknesses and contradictions

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The Judge

• To intervene from time to time to keep the trial
  on course
• To deal with the point of law or a difficulty
  that has arisen
• To ask the jury to leave the room

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Closing speeches

• Both the prosecution and the defence
• Talking directly to the jury
• Judges summing up (what the law requires, the
  facts of the case)
• A note passed via an usher to judge for further
  explanation or questions
• Raising hand or passing note to raise the ushers
  attention feeling unwell, going to the toilet,
  or being distressed by evidence

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Not under influence of outside factors

• No discussion with anyone other than fellow
  jurors
• No removal of items of evidence or notes from the
  courtroom
• Notifying the jury officer or usher if approached
  by anyone else

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The Verdict

• The jury deliberation room to discuss the
  evidence, to make decision
• To nominate a foreman or forewoman to chair the
  discussion as a spokesperson in courtroom
• A serious offence to disclose any information
  about anything discussed in the jury room
• Unanimous or majority verdict
• Answering only questions from a clerk

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Your Rights

• Queries jury officer, court office
• To refuse if summoned again within 2 years
• To claim expenses and an allowance

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A 6 Problems in the English Legal System

• Outdated practice
• System elitist
• Weak points of jury system
• Advantages and disadvantages of the jury system
• Lay magistrates
• See p 159

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Potential or Possible Advantages of the Jury
System

• The chief bulwark(defence) of the common man
  against abuse by the state or by individual
  members of the legal system
• The role the public play in the legal process
• Peoples sense of involvement
• Jurors more connected with the daily life of
  ordinary people
• Judgment of guilt or innocence made by the
  accuseds equals

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Potential or Possible Disadvantages of the Jury
System

• Difficulty following arguments and/or evidence in
  a complex case
• Gender or race discrimination and prejudice
• The influence of one dominant personality, the
  judges summing-up
• Impact of emotional witnesses accounts or
  barristers appeals

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Potential or Possible Advantages Disadvantages
Lay Magistrates

• Critical decisions affecting personal liberty,
  reputation and rights by ordinary individuals.
• So there is an analogy with trial by jury in the
  Crown Court, except that there a Judge rules on
  the law, whilst the jury decides the facts of the
  case. Magistrates do both of these things. As for
  potential or possible advantages and
  disadvantages of Lay Magistrates, some of the
  same things as above will apply e.g. gender,
  race. In addition, an extra advantage of the
  system is that magistrates handle the bulk of
  criminal cases (95) preventing the higher courts
  from becoming overloaded with cases.

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• http//www.dailymail.co.uk/news/article-492018/Law
  -dying-Parliament-voted-Britains-absurd-legislatio
  n.html (The poll of 3,931 people, commissioned by
  UKTV Gold, asked the public to pick the most
  ludicrous British and foreign laws still in
  existence, from a shortlist.)
• http//en.wikipedia.org/wiki/Legal_systems_of_the_
  world (legal systems)
• http//www.direct.gov.uk/en/CrimeJusticeAndTheLaw/
  index.htm (crime, justice and the law)
• The chart http//www.loc.gov/law/help/uk.html