The Legal Framework

Law Morality, Justice. Law. A set of public rules that apply throughout the community and are usually considered by everybody as binding. Law determines what can and cannot be done. It is a form of control that is backed up means of enforcement.

Morality Morality. Involves conforming to conventional standards of moral conduct. In other words it is concerned with whether human behaviour is right or wrong. It involves listening to the voice of conscience.

Justice Justice. Implies ides of fairness and impartiality in judgement of actions, the principle that like cases should be treated alike. (remember the issue with lay magistrates). The exercise of fairness and impartiality in devising and applying laws is a hallmark of a just system.

Criminal and Civil Court Criminal Law. Relates to the body of law dealing with crimes which are offences against the state. It is concerned therefore with maintaining certain standards of behaviour. The aim of the proceedings is to punish those who have broken the law. Civil Law. This relates to the body of law dealing with disputes between individuals or groups in society (when are they not in society?), in which the aim of proceedings is to win compensation for the victim.

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 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 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 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. Because of their lack of legal expertise, magistrates tend to be too reliant on their more professional qualified clerks.

Purpose of Punishment Deter: A message to potential future offenders. Rehabilitation: To reform the offender, reintegrate into society. Reparation: Pain. The pain of losing money (fine), time (community service order), liberty (prison) and other ‘rights’ given to you by society (maybe curfew orders) Protect the Public: Remove the danger, get the offenders out of society for the good and well being of the public. Restorative Justice: A fairly new concept, where the offender and victim meet. The victim is made to see the impact of his/her actions and then come to an agreement as to how to resolve the conflict.

PART TWO. Access to the Law. In theory everyone should have equal access to the law. In practice this does not happen, why? 1. They do not understand the law, are unfamiliar with the legal system and do not know the rights that are available. 2. They fear that legal protection, in particular court cases, would be costly. 3. They find it difficult to get time off work to see a solicitor or attend a court hearing during working hours. 4. Stigma. Many are afraid of being made to look stupid. 5. Losing. Many are afraid of the consequences of losing, what will it cost. 6. Money is often the main factor.

Overcoming the Financial Issue. Community legal service. Does not cover conveyancing (house buying) or personal injury (with some exceptions). Wills. Help is dependent on disposable income and capital. It is also dependent upon the importance of the matter, prospects for success, public interest and budget. Pro Bono Some aspiring Solicitors will act free of charge in order to get experience.

Other source of help. Citizens advice Law centres Human Rights groups Pressure groups such as the AA for road traffic issues.

Part Three THE ROLE AND HEIRARCHY OF COURTS.

Magistrates Court Usually deal with SUMARY OFFENCES. These are minor offences, such as minor criminal damage, the majority of motoring offences, non payment of council tax, failure to pay TV licence etc.

Crown Court They deal with INDICTABLE OFFENCES. More serious offences, such as rape and manslaughter. These are often referred from Magistrates courts to the crown court for trial by judge and jury. Indictable offences are classified into four categories: Class.1.Murder and treason Class.2. Manslaughter Class.3.Offences which do not fall in the above categories. Class.4. Less serious offences, such as death by dangerous driving, actual bodily harm

Lastly Just be aware that there are other areas. European court of Human Rights. European Court. Court of appeal, Supreme Court etc.