Detailed essay assignment that achieved me the P2 and P3 for unit 1 in the 2017/18 academic year marked by my teacher. If you'd like to download a bundle of documents for unit 1 or other units check out my profile.
Magistrates hear about 95% of criminal cases ranging from the lesser and criminal damage cases to
drink driving and assault and many more including indictable only ofences such as murder. In the case
of Melissa the role of magistrates will be that they will be listening to everyone very carefully to
everything that everyone has to say in the criminal court. They will be listening to the defendant and to
the defendant’s lawyer and many others. The magistrates’ court will generally decide whether to grant
bail, consider other legal issues such as reportng restrictons, and then pass the case on to the Crown
Court.
Many criminal cases are heard by a judge sitng with a jury. In the case of Melissa the judge will be
deciding whether the evidence against her is credible and which witnesses are telling the truth. The jury
will decide if the defendant Melissa is convicted of the crime of murdering her sister, then the judge will
pass a sentence, imposing a penalty that can range from a fne to a prison term depending on the
severity of the ofence.
Then the judge applies the law to these facts to determine whether a civil claim has been established on
a balance of probabilites or whether there is proof beyond a reasonable doubt, in criminal cases, that
the suspect is guilty. Anyone who faces fve years or more in prison if convicted of a crime has the right,
under the Charter, to request a jury trial, and many defendants facing serious ofences such as murder
opt to have a jury hear their case. The jurors become the triers of fact and assess the evidence while the
judge takes on the role of legal advisor, explaining the law to the jurors. The jurors then retre to
deliberate on a verdict. In criminal cases the jury's verdict, either "Guilty" or "Not Guilty" must be
unanimous. The role of the jury in the case of Melissa is to listen to the witnesses and to look at the
evidence but their role may also include being made aware of physical exhibits and photographs and
they may also visits the crime scene where the Melissa killed her sister. Towards the end of the trial,
and once all the evidence has been presented by both sides, it is the job of the trial judge to assist the
jury in their task by summing up the evidence and directng them as to what the law is. Afer the
summing up, the jury will be put in the hands of a jury bailif who is sworn in and made aware of their
dutes by the trial judge. The jury will leave the court and must retre to a jury room where they are
required to come to a decision as to whether the defendant Melissa is guilty or not. There are 12 jurors
and this means that all of them must agree on the verdict and come to conclusion. Time will be allowed
for the jury to reach a verdict.
A criminal defence lawyer is a lawyer (mostly barristers) specialising in the defence of individuals and
companies charged with criminal actvity. The role of a lawyer in the case of Melissa is to gather as much
informaton as possible from the Melissa. If possible, visit the place to collect proof or any other valuable
informaton that could strengthen the case in order to prove Melissa innocent or reduce her
punishment. Talk to the witnesses present, if any, and collect any informaton they provide. They could
also work extensively on collectng evidence if required without involving any of these. This way, the
lawyer cannot let any of them manipulate his informaton.
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