Legal Method and Systems
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This document provides an overview of the English criminal legal system, including the process of jury selection and their function in criminal trials. It also discusses the role of juries in democracy and their impact on decision-making. The document references relevant legal literature and patents.
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Table of Contents
INTRODUCTION...........................................................................................................................3
PART A...........................................................................................................................................3
Brief outline of the facts of the criminal case that has been observed. It must include
Defendant, the charges and the stage of the trial which has been observed................................3
PART B...........................................................................................................................................4
Explain the current jury process in the English criminal legal system including how juries are
selected and their function in criminal trials................................................................................4
Are juries the light by which “democracy shines” or are they ‘an undemocratic haphazard
legislative’?..................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6
INTRODUCTION...........................................................................................................................3
PART A...........................................................................................................................................3
Brief outline of the facts of the criminal case that has been observed. It must include
Defendant, the charges and the stage of the trial which has been observed................................3
PART B...........................................................................................................................................4
Explain the current jury process in the English criminal legal system including how juries are
selected and their function in criminal trials................................................................................4
Are juries the light by which “democracy shines” or are they ‘an undemocratic haphazard
legislative’?..................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6
INTRODUCTION
English Legal System is based on two different legal systems i.e., Criminal Law and Civil
Law where each of the branch have their own courts to deal any of the cases which arises in front
of them. In criminal law, court only discusses those cases which non bail-able in nature and for
protecting the right and interest of common people, criminals are kept within the jail till the date
of judgement given by judges. In case of civil case, the person who is found guilty are being
punished but person have the option to get bail as it one of the bail-able offence. In context of the
file, various topics will be explained that how any of the criminal cases are entertained within
court. Also, process of jury will be explained that how any of jury is selected for taking any of
the particular decision.
PART A
Brief outline of the facts of the criminal case that has been observed. It must include Defendant,
the charges and the stage of the trial which has been observed.
Criminal cases are the cases which are entertained within three different courts and they
are magistrates court, Crown court, Youth Court. In magistrate court, there are two to three
judges but there is no requirement of any jury in magistrate court. One of the famous case is of
“The murder of Ben Kinsella” where a gang of black teenagers in Islington, London. It was one
of the case where whole of the media was focusing on the case. There were three different
defendants in the case and they are Alleyne, Kika and Chandwell Heath. All of the three
defendants were given the punishment of life time prison (Ritchey and Vanek, Thomson Reuters
Global Resources ULC, 2018).
The main thing which is needed to be understood that the case which has been imposed
on all of the three defendants is murder case. The jury in this case observed that it is one of the
illegal activity which has been performed by them and if there was any of the issues which they
were facing from the side of Ben then they must have informed the police (Reimann and
Zimmermann, 2019). The main reason to give the lifetime prison to every criminals is to
improve their activities for better future and provide the justice to the one who is innocent.
The Role of Crown Court in this particular case is that firstly they must pass the order to arrest
the criminals due to which problem have raised. Then, it is required to understand that what were
the main reason to committee the crime. Then, lawyer is required from both the side i.e.,
English Legal System is based on two different legal systems i.e., Criminal Law and Civil
Law where each of the branch have their own courts to deal any of the cases which arises in front
of them. In criminal law, court only discusses those cases which non bail-able in nature and for
protecting the right and interest of common people, criminals are kept within the jail till the date
of judgement given by judges. In case of civil case, the person who is found guilty are being
punished but person have the option to get bail as it one of the bail-able offence. In context of the
file, various topics will be explained that how any of the criminal cases are entertained within
court. Also, process of jury will be explained that how any of jury is selected for taking any of
the particular decision.
PART A
Brief outline of the facts of the criminal case that has been observed. It must include Defendant,
the charges and the stage of the trial which has been observed.
Criminal cases are the cases which are entertained within three different courts and they
are magistrates court, Crown court, Youth Court. In magistrate court, there are two to three
judges but there is no requirement of any jury in magistrate court. One of the famous case is of
“The murder of Ben Kinsella” where a gang of black teenagers in Islington, London. It was one
of the case where whole of the media was focusing on the case. There were three different
defendants in the case and they are Alleyne, Kika and Chandwell Heath. All of the three
defendants were given the punishment of life time prison (Ritchey and Vanek, Thomson Reuters
Global Resources ULC, 2018).
The main thing which is needed to be understood that the case which has been imposed
on all of the three defendants is murder case. The jury in this case observed that it is one of the
illegal activity which has been performed by them and if there was any of the issues which they
were facing from the side of Ben then they must have informed the police (Reimann and
Zimmermann, 2019). The main reason to give the lifetime prison to every criminals is to
improve their activities for better future and provide the justice to the one who is innocent.
The Role of Crown Court in this particular case is that firstly they must pass the order to arrest
the criminals due to which problem have raised. Then, it is required to understand that what were
the main reason to committee the crime. Then, lawyer is required from both the side i.e.,
defendant and plaintiff who can entertain the case by expressing the points that what were the
main reason so that case related to murder have occurred. Now, jury will be required to focus on
each and every points which can be helpful for declaring the better result. This is the whole
process which is needed to be understood and how any of the Crown court declare their decision
to provide the justice to the one who is innocent.
PART B
Explain the current jury process in the English criminal legal system including how juries are
selected and their function in criminal trials.
In English Criminal Legal system, it has been found that whole of the decision are needed
to be taken by jury who represent the court. The jury has the role to take the decision and judge
that who is wrong and who is right. Whole of the case is judged on the basis of prove and
evidences presented by lawyers and police. The jury's task is to evaluate the evidence and
determine whatever the case's real facts are and what did happen. In order to attain a decision,
the judge will give a jury guidance on a relevant legislation that the jury must relate to the details
of the case. When it is a criminal trial as well as a decision of convicted has been issued by the
jury, therefore the court will decide on an appropriate penalty. In civil cases, the role of juries is
to determine what money in compensation must be distributed (Dernbach and et. al., 2017).
While jury in the penal system are quite significant, they are still only dealing with a
minority of cases. In criminal justice only legal advices are taken from that but it is not necessary
that final decision should be based on the suggestion given by them. It is the responsibility of
judges who have the final authority to declare the result as they will decide that what is the
suitable decision as per the situation arises in front of them. In present situation, the role of jury
has been almost ended as there is no requirement to take their help because it directly or
indirectly increases the time period to declare the decision and even sometimes chances of
arising conflict automatically increases in it. To becomes the member of juries, it is necessary
that person must fall under the criteria of Juries Act 1974 (Al-Kofahi and et. al., 2017). It is one
of the law which gives complete guidance that what are those essential steps which must be
taken for being eligible to become the member of Juries. Also, it is necessary that candidate
main reason so that case related to murder have occurred. Now, jury will be required to focus on
each and every points which can be helpful for declaring the better result. This is the whole
process which is needed to be understood and how any of the Crown court declare their decision
to provide the justice to the one who is innocent.
PART B
Explain the current jury process in the English criminal legal system including how juries are
selected and their function in criminal trials.
In English Criminal Legal system, it has been found that whole of the decision are needed
to be taken by jury who represent the court. The jury has the role to take the decision and judge
that who is wrong and who is right. Whole of the case is judged on the basis of prove and
evidences presented by lawyers and police. The jury's task is to evaluate the evidence and
determine whatever the case's real facts are and what did happen. In order to attain a decision,
the judge will give a jury guidance on a relevant legislation that the jury must relate to the details
of the case. When it is a criminal trial as well as a decision of convicted has been issued by the
jury, therefore the court will decide on an appropriate penalty. In civil cases, the role of juries is
to determine what money in compensation must be distributed (Dernbach and et. al., 2017).
While jury in the penal system are quite significant, they are still only dealing with a
minority of cases. In criminal justice only legal advices are taken from that but it is not necessary
that final decision should be based on the suggestion given by them. It is the responsibility of
judges who have the final authority to declare the result as they will decide that what is the
suitable decision as per the situation arises in front of them. In present situation, the role of jury
has been almost ended as there is no requirement to take their help because it directly or
indirectly increases the time period to declare the decision and even sometimes chances of
arising conflict automatically increases in it. To becomes the member of juries, it is necessary
that person must fall under the criteria of Juries Act 1974 (Al-Kofahi and et. al., 2017). It is one
of the law which gives complete guidance that what are those essential steps which must be
taken for being eligible to become the member of Juries. Also, it is necessary that candidate
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should be the member of justice court in past years where they have declared number of
decision related to different topics.
Above mentioned rules and regulations are needed to be followed by any of the court to
allow any of the candidate to become the member of juries.
Are juries the light by which “democracy shines” or are they ‘an undemocratic haphazard
legislative’?
According to “Dernbach and et. al., 2017”, there are number of cases where court
requires the help of third person who can guide that what can be the best decision which is
needed to be declared. In this situation juries are the one who helps to declare the best possible
decision through which punishment can be given to the one who is wrong. Juries directly gives
the idea to any of the court that what is right and wrong which allows to take suitable decisions.
The main benefit of juries is that judges of court will not require to take of any of the wrong
decision which helps to develop the life of that particular person. The main benefit of jury
system is that persons are not required to suffer from any sort of problem and even people can
easily have a faith. The main faith is that people will not have to think that decisions which are
taken is right and helpful for the common public.
The democracy directly shines because they are the one who represent the court where
they mainly deal with criminal cases. They can easily help to bring out the better outcome and
even it will generate the concept that strict actions are being taken against the person who are
criminal in nature (Lu and et. al., 2015). It will allow customers to deal with any of the cases that
occurs on the daily basis. the main concept which has been developed by jury is that how general
public can be benefited. Below, some of the points have been discussed that how any of the
juries can help to attain the goals of an organisation.
Burden will be reduced: The burden on the person who is not guilty will reduce because
there activities will be cross verified from jury where opinion of many people will be
given at a single time.
decision related to different topics.
Above mentioned rules and regulations are needed to be followed by any of the court to
allow any of the candidate to become the member of juries.
Are juries the light by which “democracy shines” or are they ‘an undemocratic haphazard
legislative’?
According to “Dernbach and et. al., 2017”, there are number of cases where court
requires the help of third person who can guide that what can be the best decision which is
needed to be declared. In this situation juries are the one who helps to declare the best possible
decision through which punishment can be given to the one who is wrong. Juries directly gives
the idea to any of the court that what is right and wrong which allows to take suitable decisions.
The main benefit of juries is that judges of court will not require to take of any of the wrong
decision which helps to develop the life of that particular person. The main benefit of jury
system is that persons are not required to suffer from any sort of problem and even people can
easily have a faith. The main faith is that people will not have to think that decisions which are
taken is right and helpful for the common public.
The democracy directly shines because they are the one who represent the court where
they mainly deal with criminal cases. They can easily help to bring out the better outcome and
even it will generate the concept that strict actions are being taken against the person who are
criminal in nature (Lu and et. al., 2015). It will allow customers to deal with any of the cases that
occurs on the daily basis. the main concept which has been developed by jury is that how general
public can be benefited. Below, some of the points have been discussed that how any of the
juries can help to attain the goals of an organisation.
Burden will be reduced: The burden on the person who is not guilty will reduce because
there activities will be cross verified from jury where opinion of many people will be
given at a single time.
Fair Decision: It will directly have the impact on bring on the positive result as multiple
option will be available who will not allow any of the person to take any of the wrong
decision.
These are some of the points which can easily prove that jury is a democracy shine rather than
undemocratic haphazard legislative.
CONCLUSION
It can be concluded from the file that Legal system is one of the most important factor to
declare any of the decision to sort out the case. There are different types of court and according
to the level of crime cases are as if the case is related to theft, robbery then magistrate court
handles the case and when it comes to murder, rape then crown court handle whole of the case.
The decision in any of the case is required to be given by jury who takes the charge of whole
case. In any of the nation, whenever any of the jury gives their fair decisions then democracy
automatically shines.
REFERENCES
Reimann, M. and Zimmermann, R. eds., 2019. The Oxford handbook of comparative law.
Oxford University Press.
Dernbach, J. C and et. al., 2017. A practical guide to legal writing and legal method. Wolters
Kluwer Law & Business.
Al-Kofahi, K. and et. al., 2017. Systems, methods, and software for identifying relevant legal
documents. U.S. Patent 9,646,082.
Lu, Q and et. al., 2015. Systems, methods, and interfaces for extending legal search results. U.S.
Patent 9,177,050.
Ritchey, K. L. and Vanek, C., Thomson Reuters Global Resources ULC, 2018. Systems,
methods, and interfaces for aggregating and providing information regarding legal
professionals. U.S. Patent 9,904,712.
option will be available who will not allow any of the person to take any of the wrong
decision.
These are some of the points which can easily prove that jury is a democracy shine rather than
undemocratic haphazard legislative.
CONCLUSION
It can be concluded from the file that Legal system is one of the most important factor to
declare any of the decision to sort out the case. There are different types of court and according
to the level of crime cases are as if the case is related to theft, robbery then magistrate court
handles the case and when it comes to murder, rape then crown court handle whole of the case.
The decision in any of the case is required to be given by jury who takes the charge of whole
case. In any of the nation, whenever any of the jury gives their fair decisions then democracy
automatically shines.
REFERENCES
Reimann, M. and Zimmermann, R. eds., 2019. The Oxford handbook of comparative law.
Oxford University Press.
Dernbach, J. C and et. al., 2017. A practical guide to legal writing and legal method. Wolters
Kluwer Law & Business.
Al-Kofahi, K. and et. al., 2017. Systems, methods, and software for identifying relevant legal
documents. U.S. Patent 9,646,082.
Lu, Q and et. al., 2015. Systems, methods, and interfaces for extending legal search results. U.S.
Patent 9,177,050.
Ritchey, K. L. and Vanek, C., Thomson Reuters Global Resources ULC, 2018. Systems,
methods, and interfaces for aggregating and providing information regarding legal
professionals. U.S. Patent 9,904,712.
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