Legal System Cases

Question 1

R v r

Answer 1

Judge had to decide whether it is possible for a man to rape his wife since she had irrevocable consent to sexual intercourse

Question 2

RE A (conjoined twins)

Answer 2

It was ruled it would be permissible to sever and thus kill in a sympathetic manner the weaker twin to save the stronger one

Question 3

Bushells case

Answer 3

the capacity of the courts to fine and imprison jurors for returning the “wrong” verdict

Question 4

R v mckenna

Answer 4

A jury made verdict as a result of judge interference is invalid

Question 5

Aims of sentencing
S142 cja 2003

Answer 5

•Retribution/punishment (should fit crime)- ‘an eye for an eye’ does not seek to reduce crime or alter future behaviour
•deferrance - aimed to reduce crime through fear of punishment e.g. cctv in operation. General public - stop others offending. Individual - stop someone fron future offences
•reform - aimed to change behaviour
•incapacitation - piblic need protection
•reparation - compensating victim of crime by money or restitution like return stolen goods
NOT OF 5 AIMS BUT ADDITION - denunciation - public disapproval and shame

Question 6

Types of sentencing

Answer 6

•Custodial - imprisonment for a period of time, depending on length, 1/2 spent in custody, 1/2 on license, if conditions not met recalled to prison
• comm orders - for cases too serious to be dealt with fine or discharge but not enough to merit a custodial sentence
•financial - fines or fees for law violation
•discharge - guilty but no sentence since it is minor, could be absolute discharge or conditional where you can get a sentence if you break conditions

Question 7

Guilty pleas

Answer 7

Mitigating (makes sentence less sever)
Avoids needs of trial
Cost effective
Saves evidence giving
First reasonable opportunity - 1/3
After set trial date -1/4
Door of court after start of trial - upto 1/10
Only 20% at any point if evidence of guilt is overwhelming

Question 8

Barrister

Answer 8

Known as the bar
Qualification - wntry to bar normally degree based, if not in law, important to do graduate diploma in law, all students to pass the bar professional training course where they learn skills like: case preparation, opinion writing
Pupilage- on the job training, work shadowing, 12 months

Question 9

Work of a barrister

Answer 9

Legal advice: involved where expert legal advice needed
Research: research cases and law to be upto date
Advocacy: practice of presenting a clients case to a court or tribunal