Criminal Justice System Flashcards
Adversarial system
Adversarial system
The English criminal justice system operates on the basis of adversarial procedures
(search for proof) found in common law jurisdictions (such as USA, Canada, Australia)
as opposed to inquisitorial procedures (search for truth) found in civil law jurisdictions
(such as France and Germany).
The trial process in the adversial system
The trial process
In adversarial trials the parties determine the witnesses they call and the nature of the
evidence they give, and the opposing party has the right to cross-examine. The court’s
role is confined to overseeing the process by which evidence is given (to ensure that
it is within the rules) and then weighing up that evidence to determine whether there
is ‘reasonable doubt’. There are strict rules to prevent the admission of evidence that
may prejudice or mislead the fact finder
The trial process in inquistorial proceedings
In inquisitorial proceedings, the conduct of the
trial is largely in the hands of the court. The trial judge determines what witnesses
to call and the order in which they are to be heard, and conducts the questioning.
Adversarial cross-examination is not used to test evidence. There are fewer rules of
evidence and more information available to the court at the outset. So, for example,
the offender’s criminal history may be read to the court before the trial begins.
According to the WJP, the
hallmarks of a well-functioning criminal justice system are:
- effective criminal investigation
- timely and effective criminal adjudication
- due process of law and rights of the accused
- impartiality
- freedom from corruption
- freedom from improper government influence.
Due Process or Crime Control Model ?
William Blackstone wrote in 1769
in his Commentaries on the laws of England that:
(Opinion by Mr. Blackstone) ‘the law holds that it is better that
ten guilty persons escape, than that one innocent suffer.’ This view, characteristic of
thinking about the English criminal justice system, is a matter of belief or opinion, not
fact. Other societies might take a different stance on the balance between due process
and crime control principles.
The balance within the English criminal justice system has, in modern times, tended to
favour due process protections and the passing of the Human Rights Act (HRA) in 1998
has, to some extent, reinforced this approach.
s.1 of PACE (Police and Criminal Evidence Act 1984), known as ‘PLAN B’:
s.1 of PACE,
known as ‘PLAN B’:
u Proportionality: it must be fair and achieve a balance between the needs of society
and the rights of the individual.
u Legality: it must be conducted correctly according to the relevant legislation.
u Accountability: it must be recorded.
u Necessity: any infringement of rights must be justifiable ‘in a democratic society’.
u Best: the decision to stop and search must be made against the best information
reasonably available at the time.
Under s.24 of PACE the police may arrest:
Under s.24 of PACE the police may arrest:
u anyone who is about to commit an offence
u anyone who is in the act of committing an offence
u anyone whom the police officer has reasonable grounds for suspecting to be about
to commit an offence
u anyone whom the police officer has reasonable grounds for suspecting to be
committing an offence.
R v Galbraith [1981] 1 WLR 1039
Where the judge comes to the conclusion that the prosecution evidence, taken at its
highest, is such that a jury properly directed could not properly convict upon it, it is his
duty, upon a submission being made, to stop the case.
7.6.1 Classification of crime and courts
Criminal offences are
classified into three categories:
1. Summary offences These are the least serious offences and are always tried in the
magistrates’ court. They include most driving offences, minor assault and minor
criminal damage.
2. Triable-either-way offences These are intermediate crimes and include a wide
variety of offences, such as theft and assault causing actual bodily harm. These
cases can be tried in either the magistrates’ court or the Crown Court.
3. Indictable offences These are the most serious crimes and include murder,
manslaughter and rape. All indictable offences must be tried at the Crown Court.
Until recently there would be a preliminary hearing in the magistrates’ court
(committal proceedings), but the Government has gradually abolished committal
hearings in order to speed up the justice system.
the “verdict”
The jury’s decision is called ‘the verdict’.
