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COURSE: GLOBAL STUDIES IIYEAR: 2015

University of South East- Asia

Chapter 3 Social BehaviourUNIT 3 THE SYSTEM OF JUSTICE

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The system of justiceThe system of justice that we are

going to examine is the prevailing system in England and Wales, both regions in the United Kingdom.

There are things that make them different from the usual justice system in the U.S.

What makes them different is the apparent traditional style that they incorporate in the proceedings related to justice.

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Civil cases and Criminal casesCivil cases are those concerned

with issues between individuals like:

dispute over land disagreement about existing

documents labor problems marital battles, etc.

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Civil cases and Criminal cases Criminal cases are those more

serious cases such as:theft murder arson kidnapping rape, etc.

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Two kinds of courtThere are two kinds of court

existing:1. Magistrates’ court2. Higher court (crown court)

Court of Criminal AppealHouse of Lords (the highest court)

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Magistrates’ court more than 90% of all cases are dealt with

in magistrates’ courts every town has one a panel of magistrates passes judgment

(usually three magistrates for each court) if they decide that someone is guilty of a

crime, they can also impose a punishment

can be imprisonment for a year or a fine if it’s first offence and not serious, there

may not be any punishments at all

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the person can be unconditionally discharged

the next higher step to this is the conditional discharge

it can be on probation it can be a fine it can be community service

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The magistratesThe magistrates are also known

as Justices of the Peace (JPs) they are not trained lawyers they are ordinary people with

good reputation they have been appointed to be

JPs by a local committee they do not get a salary or a fee

for their work

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The magistrates they tend to come from the

wealthier sections of society there are times when their

prejudice is obvious: they are especially harsh on people found guilty of poaching (hunting animals on private lands)

nowadays, magistrates are chosen from a broad section of society

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Prima facieCriminal cases can initially be

heard in magistrates’ court just to make sure that there’s a possibility that the accused may be guilty of a crime

If there’s a possibility that the accused may be guilty, it is called a prima facie case

It will then be brought to a higher court

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Higher courtThe higher court would be a crown

courtCROWN COURT: a professional lawyer acts as a

judge a jury to determine the guilt or

innocence of the accusedJURY composed of twelve people

randomly selected from a list of voters

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Higher court juries are not paid and are

obliged to perform this duty the verdict must have at least

10 votes of either guilty or innocent to be deemed legal

if less than ten, it is a mistrial and must be heard all over again with a new set of juries

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Appeal a convicted person may appeal

to the Court of Criminal Appeal (Appeal Court) in London for

1. the verdict to be quashed2. the sentence to be reduced

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The Judge the judge’s duty is to be the

“referee” during the trial it is the judge’s duty to impose

punishment ( “pronouncing sentence”)

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Two kinds of lawyer– Solicitor and Barrister Solicitor

they handle most legal matters for their clientsthey draw up documents (wills, divorce papers, contracts, etc.)they communicate with other partiesthey present their cases in magistrates’ courts

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Two kinds of lawyer– Solicitor and Barrister Barrister

they present the cases in higher courtsthey present the cases not usually given as a duty for the solicitors (until 1994)

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TrainingThe two kinds of lawyer have

different trainings:SOLICITORS: have to pass the Law Society

exam they study for this exam while

“articled” to established firms of solicitors where they do everyday junior works

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TrainingBARRISTERS: have to attend one of the four Inns

of Court in London attendance requirement:

eat dinner there on a certain number of evenings each term

sit exams after four years if they pass, they are “called to the

bar” and are recognized as barristers

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TrainingBARRISTERS (cont’d.)They can only present a case in a

crown court after several years of association with a senior barrister (apprenticeship)

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Similarities both of them don’t need a

university qualification though they go to university,

they do not necessarily study law there

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Further comparison

Solicitors BarristersHave to deal with the

realities of the everyday world

most of the work is done away from the courts

they become experts in the details of particular areas of the law

they tend to come from the wealthier level of society

they are experts on general principles of the law, but not on details

eloquence in public speaking have to wear a gown and a wig

to emphasize the impersonal majesty of the law

later retiring age, higher salary sometimes criticized for their

outdated judgments and opinions

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BARRISTERS’ WIG AND GOWN

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Some commonly used legal termsRefer to pp. 65 and 67 for definition:AcquittedBailBarristerBriefCivil actionConvictedCommon lawCommittal proceedings

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Some commonly used legal termsDefendant Judge JuryMagistrateOn remandPartyPlaintiffPrecedentProsecutorSolicitorTrialverdict