It has been suggested that the principal objectives Essays

It has been suggested that the principal objectives Essays It has been suggested that the principal objectives Essay It has been suggested that the principal objectives Essay Title: It has been suggested that the chief aims of the condemnable justness system should be to convict the guilty and protect the inexperienced person . Discuss to what extent our condemnable justness system achieves this. ( the British condemnable justness system )The above statement sets out an ideal of what the legal system should accomplish nevertheless it is inevitable that there will be some cases where the system fails to protect the inexperienced person. The condemnable legal system is based on a mixture of common jurisprudence and legislative act and hence instance jurisprudence plays an of import function in steering how different regulations should be applied. I will try to discourse this inquiry in relation to the country of grounds from adept informants and how much it is relied upon within a instance. It is really of import that a justice at test directs the jury in the right mode to construe the grounds that has been put before them. In the instance of Innes [ 1 ] a soldier had aided in chuck outing a rummy from a cabaret but in the procedure of making so he hit the adult male. The adult male subsequently got himself involved in another incident and was hit once more and died, the medical grounds showed that one hit entirely could non hold killed him but the both together were adequate to do decease. The jury convicted Innes of killing the adult male nevertheless it was held on entreaty that the test justice had non given the jury the right way in relation to the medical grounds and hence the strong belief was quashed. In this instance although Innes had assaulted the adult male and admitted to making so, did non intend that he should hold been convicted of slaying. A job can besides happen where both sides have adept sentiments that can prove either the guilt or the artlessness of a individual. In the instance of Robinson [ 2 ] there were two medical sentiments, for the prosecution the informant put the clip of decease of the victim between 11pm and 1am and for the defense mechanism the informant put the clip of decease between the clip of 9pm and 10pm. It happened that the accused had an alibi until 10pm. Therefore sensible uncertainty could hold been proven, nevertheless in this case at that place was extra grounds, where the palm print of the accused was found at the scene of the incident and hence the jury were able to convict on this grounds. In this instance justness did prevail and the adult male was found guilt nevertheless it is questionable that without the grounds of the thenar print which informant would he jury have believed? Would this adult male have been found non guilty and Lashkar-e-Taiba travel, it is hence besides of import that the constabulary are able to garner every bit much grounds as possible from a scene so that the instance is non wholly dependent on an adept informant. In recent old ages the two of the chief instances where it can be argued that the inexperienced person were non protected by the condemnable justness system are that of Sally Clark [ 3 ] and Angela Cannings [ 4 ] . Sally Clark had a kid who died and it was deemed that the kid died of Sudden Infant Death Syndrome ( SIDS ) , nevertheless when her 2nd kid besides died she fell under intuition. Within the Clark instance there were two issues at the initial test where the adept grounds was relied on to a great extent and it subsequently transpired that critical grounds was non disclosed at the original test. The expert Professor Meadows stated that from his surveies [ 5 ] the likeliness of two SIDS deceases in one household was 1 in 73 million and hence the decease of the 2nd kid was more likely than non to be unnatural, this therefore besides brought inquiries in relation to the decease of the first kid. On entreaty it was found by another informant that in fact the kid had bacteriums in his lungs and this has been known to be found in kids who died from SIDS. When questioned about these trial consequences at the original test Professor Meadows stated he had done the trials but failed to unwrap the unnatural consequences. On appeal the strong beliefs in relation to both kids were quashed. The condemnable justness system does necessitate adept informants [ 6 ] nevertheless Lord Goldsmith has stated The partizan expert is no expert at all. The expert is at that place to assist the jury to make a merely finding of fact. He is non at that place as a hired gun. [ 7 ] It is hence indispensable to obtain justness that adept informants are impartial no affair which side that are called to talk for [ 8 ] . The Human Rights Act 1998 meant that the European Convention of Human Rights ( ECHR ) was to be considered within the UK’s legal system, tribunals now had to use these rights to instances under national jurisprudence. In the McCann [ 9 ] it was decided that the province had non respected [ 10 ] Article 2 of the ECHR where by it had unlawfully killed McCann and others, as they believed that they were traveling to put off a bomb nevertheless they had non yet committed a offense and were at the clip unarmed hence innocent . The tribunal decided that the soldiers had ample chance to collar the work forces and forestall the bombardment in another manner and so the right to life was violated. Even thought the Convention rights are at that place to protect the person it could be a unsafe case in point to put to fault the province for non protecting someone’s right to life. In Osman [ 11 ] it was decided that even though there was grounds that a instructor was stalking his pupil, when he eventually broke in and kill the student’s father the province had non breached the appliers right to life as at that place has to be a given of guiltless until proved guilty. Besides where it can be seen that the province did take sensible stairss to guarantee the right to life was protected they can non be seen to be in breach if something does go on as in the instance of Gezer [ 12 ] . In this instance a immigrant household had been moved to an estate in Glasgow which had a repute for racialist onslaughts nevertheless on entreaty it was found that the local authorization covering with the household had asked the constabulary to do an appraisal of the country and had non mov ed the household until they were told it was all right to make so [ 13 ] . It can be established that within any legal system there are times when the inexperienced person are non protected in the manner that they should be as shown above nevertheless, in the bulk of instances the system does work and convicts the guilty for their offenses. The execution of the Human Rights Act into the UK legal system besides means that the bench have to alter the manner in which they assess instances where the Act can use and this can merely be to the benefit of the persons as their rights will be considered more readily than possibly they were before the Act. Bibliography Books The English Legal System By Gary Slapper, David Kelly Published by Routledge Cavendish, 2004 Current Legal Problems: 2002 By Michael Freeman Subscriber Michael Freeman Published by Oxford University Press, 2003 Textbook on Criminal Law By Michael J Allen Published by Oxford University Press, 2001 Elliott A ; Wood’s Cases and Materials on Criminal Law ( 8ThursdayEdition ) By Michael J Allen Published by Sweet A ; Maxwell, 2001 Essential Human Rights Cases By Mark Furse, Susan Nash Contributor Mark Furse, Susan Nash Published by Jordan rivers, 2002 Cases Gezer v the Secretary of State for the Home Department, C1.2003/1093 Court of Appeal Civil division McCann and others v united Kingdom, Judgement of 27ThursdaySeptember 1995, Series A No. 324 Osman V United Kingdom, Judgement of 28ThursdayOctober 1998, 1998- VIII RD 3124 R V Cannings ( 2004 ) 1 All ER 725 R V Clark ( 2003 ) EWCA A Crim 1020 R V Innes ( 1953 ) CCA The Times 28ThursdayApril 1953 R V Robinson ( 1955 ) CCA Articles Clavert-Smith, D. , Medicine and Public Health ; Criminal grounds and Procedure, Medico-Legal Journal, 2001, MJL 68 ( 117 ) New Law Journal, NEWS, 3rdDecember 2004 NLJ 14.7155 ( 1789 ) Milroy, C.M. , Editorials, Medical Experts in Criminal Courts, All relevant stuff must be disclosed, including facts damaging to the sentiment, BMJ 2003 ; 326:294-295 Fionnuala Ni Aolain. Truth Telling, Accountability And The Right To Life In Northern Ireland E.H.R.L.R. 2002, 5, 572-590 Legislation Human Rights Act 1998 European Convention in Human Rights