the application of science to the analysis and interpretation of physical evidence in criminal and civil litigation
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who is Lady Hale
President of the UK supreme court
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what are the names of the 2 trial courts
1) Magistrates court (lower tier) 2) Crown courts (individuals are tried by jury
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What is an onus - Criminal justice system
prosecution proving that defendants is guilty BEYOND REASONABLE DOUBT of committing a crime they have been accused of
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Who attend the Criminal justice system case
1) Magistrates in a Magistrates court 2) members of the jury in a crown court
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"summary offences" are the cases the Magistrates courts normally handles
motoring offences, minor criminal damage, common assualt (not causing significant injury), buglary, drug offences
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Sentences a magistrates’ court can give
up to 6 months in prison (or up to 12 months in total for more than one offence). a fine a community sentence, like doing unpaid work in the community. a ban, for example from driving or keeping an animal
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what are "either way" offences
can be heard either in a magistrates’ court or a Crown Court.. These include burglary or drug offence
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Cases that magistrates pass to the Crown Court - "indictable offences"
murder **** robbery
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Who does what in the crown court
normally has a jury - which decides if you’re guilty or not has. judge - who decides what sentence you get. Your solicitor- explains what happens in court
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Sentences a Crown Court can give
community sentences. prison sentences - including life sentences
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what are the classification of English Law
1) Public law and private law 2) Civil law and criminal law
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criminal law vs civil law
Civil law deals with the disputes between individuals, organizations, or between the two, in which COMPENSATION is awarded to the victim. Criminal law is the body of law that deals with crime and the legal PUNISHMENT of criminal offences
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who proceeds a civil law case
begin when the claimant issues a claim form that must contain or be accompanied by the particulars of claim. The claim form and particulars of claim m
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how does criminal law help the public
to deter people from doing acts that harm others or society; to set out the conditions under which people who have performed such acts will be punished; and to provide some guidance on the kinds of behaviour which are seen by society as acceptable
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conducting a criminal offence but without any charges
1. Exemption from liability.–2. Lack of capacfity.–3. Lack of required mental state. –4. Special defence
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Influences of criminal law
1. Certainty 2. Autonomy (individual's capacity for self-determination or self-governance) 3. political expediency (to advance yourself politically) 4. power relationships 5. practicality
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what is the human rights act 1998 mean to the authorites
court and public authorities to act consistently with those rights, unless required to act otherwise
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what is the human rights act 1998 do
It protects a number of rights, including the right to life, the right not to be tortured and the right to respect for one’s private and family life
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what is doctrine of stare decisis
Latin for “to stand by the decision”—means adherence to precedent
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what must exist for police to make a lawful arrest
identify themselves as the police. tell you that you’re being arrested. tell you what crime they think you’ve committed. explain why it’s necessary to arrest you. explain to you that you’re not free to leave
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what must exist for a presecution
prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the dec
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