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Introduction
The Crown Court is a part of the Supreme Court of Judicature, and deals with serious crimes. This article highlights some important facts about the Crown Court, examining its origins and to explore the reasons for its introduction. Next is a detailed description of the procedures within the Crown Court as the judge is, and what role the judge has about the test. Other areas will be taken into account, as presented, and the condemnation of this can be a person who has been guilty of a crime. The Crown Court is not only a mechanism for dealing with offenders. There is also a place that can offer closure to victims if the judiciary is. For this reason, it is important to discuss the procedures necessary for the victims. Finally, the article will consider proposals for the future of Crown Court, and the system of criminal justice as a whole.
Origin
The Crown Court was adopted by law in 1971 abolished the ineffective system that was in force at the time when many local Assize courts throughout the country. This system could not with the number of crimes. The conference became regular local courts, before judges of the Queen's Bench Division of the High Court, the journey through the seven circles in which England and Wales were assembling juries in the Assize towns and hearing cases, and thus a sound system must be introduced. Nevertheless, the Court of Assize was Henry II in the 12th Century, the introduction of the first study by jury. Although there is little obvious resemblance to the jury system today, it was the first time that the guilt or innocence of the accused not of divine intervention, as in the case of the process through the examination.
The system was first piloted in Liverpool and Manchester in 1956, and was a nationwide in1972. There are ninety Crown Courts in England and Wales, with the best known of which are the Old Bailey in London, which lies at the head of the Crown Court system. The Crown Court offers an environment that decisions are made only on the evidence provided.
Proceedings in the Crown Court
The time it takes for a case to be heard in the Crown Court may be three to six months. It may, however, in certain cases, even longer. It is not unusual for defendants to meet their barrister on the first day of the study. This situation has led to some suggesting that perhaps justice is being sacrificed for judicial expediency.
Every case, of the Magistrates Courts, Crown Court, will be chaired by a judge process. The assessment, a process that judges can be determined by the color of the robes, with senior judges wear red robes. The judge is the study of a platform at the front of the court room (also known as the Bank), and will determine what may or may not be admissible as evidence. Before the judge is his wife, which is the gatekeeper of the court. Usher will be instructions for moving around the court and the witnesses in the court.
The procedure for entering a judge, a court shall consist of a statement issued by the office "All Rise", followed by everyone in the permanent court until the judge sits. This practice leads to a respect of people within the Court for the judges.
After the judge sits, the path begins. The indictment is first in all cases. This will be the judges to consider whether a case strong enough for the study was to continue. It is not unusual for the defense, not as an explanation, how can the judge's decision that there was no case to answer. If, however, it is a case to answer, then the defense will be its submissions to the jury. The proponents of the prosecution must prove beyond doubt that the person involved in the offense, the fact that the offense is committed.
Once all applications were from the two barristers, the jury will then retire to their verdict, which led to "speak the truth." You will be asked to return either a guilty or a verdict "not guilty". The implications for the defendant in a plea of not guilty and found guilty will be chosen by a jury, can be severe. That is how the judge will be the consequences of the first plea. For example:
"If a person in a not guilty plea, and is found guilty, regardless of whether he is guilty, the judge will take into account the costs to the taxpayer, the fact that no remorse has been shown by the defendants and the courts time. This may lead to an increased sentence. Conversely, an innocent person may decide that, although he has not committed the alleged crime, which he is accused, the evidence, as it means . It may therefore wish to make a guilty plea and ask the court to take into account the factors mentioned above, albeit in a positive way. "
Although this may sound a little strange, it is a result of fair process, and is in existence in most societies throughout the western world.
Crime Victims
The Crown Court provides closure for victims of crime. The equitable maxim that "justice must not only, but must also be seen to be done," is most evident in criminal proceedings. Punishment of the accused by way of imprisonment may be the victims of retaliation. Although this can never be enough for a person who has perhaps lost a loved one in the hands of another citizen, the fact that the victim has justice, may be sufficient to enable the people to rebuild their lives. There is also a victim, that the Charter was signed in1996, although this is now reviewed since the death of Stephen Lawrence to take account of racially motivated crimes.
Possibilities for the future
The Crown Court is, like most other institutions within the Criminal Justice System, have been subjected to severe test. The review of the Tribunal Courts of England and Wales has proposed a new unified Criminal Court should be formed, with the Crown Court would be renamed as the Division crown, the only criminal offenses and serious crimes, either way. There is also a radical proposal to replace the jury with a bench of three judges. This proposal later, but was met with opposition in some quarters. A study by jury is regarded by some as the foundation on which a democratic society, something that perhaps for judicial expediency sacrificed. Others have pointed out that a jury to understand complex rules of criminal law can lead to a miscarriage of justice, on both sides.
Conclusion
The purpose of this article is to provide a brief insight into the Crown Court To understand any system, you will first have a degree of knowledge about the origins of this system. What has become apparent that the Crown Court, although he deals with criminal defendants, offer comfort to crime victims. It may, however, also a harrowing experience for everyone, especially the wrongly accused of a crime. What is the future for the Crown Court, and all the criminal courts in England and Wales, is uncertain at this moment in time.
Thomas Gallagher
LLB Liverpool John Moores
วันอาทิตย์ที่ 9 สิงหาคม พ.ศ. 2552
ask a criminal lawyer
เขียนโดย Breth ที่ 02:02
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