The Criminal Trial Process Of England And Wales Law Essay

The crook Trial Process Of England And Wales Law EssayThe flagitious legal expert System trial puzzle out in England and Wales ar operated on the basis, and bear be described as an adversarial schema of jurist. Perhaps, I am directing my attention, the barbarous trial bear on, how has been turnd. I should begin an adversarial musical arrangement, where the parties atomic number 18 responsible for(p) for presenting tell apart before passive and neutral trial judge or board. This differs from an inquisitorial system, which is exists most of Europe. In many jurisdictions the unlawful rights can be traced the date when a new system of government was introduced scraming change to the subroutine of government to criminal procedures in particular. The criminal law is the system of readings and possible represent justice. English criminal trials from the late seventeenth to the primeval twentieth centurys were different from those of today. Trials were re entirelyy quick , lawyers were rargonly presented. After the Criminal Justice forge 2003, has made certain change to the mode of trial procedures. In highlight for going important to cost the restorative justice program, which is bring victims and offenders focus on the crime, address problems within communities. On the some(a) separate status highlights the mis constricts and injustices in the criminal trials. Unfortunately, it befoolms this would be impossible to achieve. However, miscarriages of justice occur in the criminal justice are rare and wrongful imprisonment.The creation of the Criminal Procedure Rule Committee and in 2005 the trial and pre-trial process were brought unitedly in a new criminal procedure rule. The management of cases is a new feature of the criminal justice system, the rules to a greater extent accessible and unitedly in ones place. It is a significant step, powers of judicial case management. Before the excogitation of Due Process, people accused of a crime, gi ven private trials with no defensive measure. The main objectives of the criminal justice process are, against all offenders who break those rules. In England and Wales the criminal justice system has evolved over the years a massive period. on that point are many features of the criminal procedure followed by more detailed descriptions of policing, and prosecution criminal tourist courts, sentencing and the panel system, and the governmental and, administrative mise en scene of criminal justice. I shall shortly fall upon a striking display case of the social welfare of a joined up to criminal trail process. The goals in England and Wales aims to reduce crime by bringing more offence to justice, and to touch exoteric confidence that the system is fair and will deliver law for citizen. There are many advantages and disadvantages having in the criminal trial process of England and Wales. Particularly important to escort the influence of rule of law, and how these of princip les shapes the way that criminal justice is defined and implemented.Must be criminal cases start in the Magistrates Court. In a year more than one million cases are heard by Magistrates, they are simply citizen, without any kind of training. The other area where, those cases are seen is in the Crown Court where juries are used, they are part of the criminal justice trial process. The system of instrument panel trails are twelve honest citizens who offering common sense and values. Let me highlight some very important advantages of the system having juries. It gives to the public confidence and betrothal for juries decisions. It gives a person a right to be tried by lay people, who produce no legal knowledge and juries do chthonicstand the situation better than qualified people, who only look at the situation, with their supererogatory knowledge, and this can be some cartridge holders lead to a miscarriage of justice. Perhaps, it is view to avoid as humanly possible.Another exa mple for an advantage of the criminal trial process, when the control panel has a power and decide cases on their composition of fairness. Although, as we shall see for example, in R v Ponting (1984). When the civil consideration leaked information to a MP on the ground of public interest, and the jury refused to convict despite the fact that, the defendant had no legal dis deduction. In the above case, therefore, it seems the legal system more open because member of public come to and whole process takes in public. Basically the trial involved a confrontation the victim of the crime and the defendant. The defendant was expected to apologise the evidence presented against them. However these procedures domiciliated reason fitting means of determining guilt and innocence, from a modern point of view this is disadvantage the defence. Shall we see now of the other end, trials without a jury. Directions are no more than matters of common sense. The cases where the judge is satis fy to the evidence of real, able to present the danger that jury tampering would take a place to it.After the reform the criminal trial has some beneficial advantages. The Criminal Justice Act 2003 (c. 44) it is amends the law relating to law of nature powers, which is particularly useful in cases where computer or financial evidence may need. It has a dramatic change has been made in the role of trial judges. There was no time to inform the judges of all the details of the case. Well, it is an advantages of the trial, the judge have a time to identify the issue. I agree with that, it is highly beneficial of the trial. I would like address the defence statement and disclosure. The Act makes amendments to the Criminal Procedure and Investigations Act 1996. As we shall see it, before the reform the prosecution would provide primary disclosure to the defence, and the defence would provide a defence statement, and the prosecution in response would provide secondary disclosure. This may demonstrates the weakness of the prosecution cases. Section 8 of the Act is made to the extent the evidence disclosed by the prosecution under its duty of disclosure.However, we shall see also disadvantages of the criminal trial process, after the reforms. The prisoner right to make an application to the High Court, it is my point of view, every cases takes daylong than it should be. The right source can be take time, while the jury seeking further information can be confusing for judges. There is expensive cost for all this.Although, we can see now, some disadvantages of having jury in the criminal justice process. Unqualified people may not understand the points of law. The trial process placed defendants at a disadvantage. Without the benefit of legal assistance, they had to organise their cases on their own, while in prison awaiting trial. Until the literal trial, they were unaware of the specific evidence that would be presented against them and therefore had to respond ad l ibitum to what the witnesses said. This was thought to be the best way of ascertaining the truth. The lawyers had a right to address the jury, and gave prisoners the right to see copies of the depositions against them. Prosecutors could also suffer under this system. They also oft went without counsel, and judges could be sympathetic to defendants. However the prosecutors had the advantage of being able to plan their case in advance, at liberty and at their leisure. It is disputable that the criminal trial process of, on the one hand, the rules of evidence, which is require proof at trial, nevertheless on the other hand, the party prosecution have a detrimental effect on the capacity of the system to identify the truth. Criticism of the jury system in criminal trial process has emphasised the high cost of juries to the court system. In addition the skilful nature and trials difficulty for lay people to understand purportedly leads to unwitting jury nullification.In the light for going of the recent miscarriages of justice occurs not only when an innocent person is convicted but also when a felonious person is not convicted. Therefore has much to lose by cooperating to chronicle justice. According to my opinion from an ethical point of view should miscarriage be avoidable every possible measures should be taken to prevent those careless(predicate) of the costs involved, however I must accept that in practice this route is often not the viable one.In conclusion a jury trial is of necessity predicated on continuous and adversarial oral institution of evidence, but such a method of determining criminal cases is time and resource intensive. Criminal trial to be heard without jury, would thus credibly reduce cost, and would also enhance opportunities to deal with matters in alternative ship canal not subject to the same concern about admissibility and evidence, and hence perchance also increase predictability.To my mind, however the criminal justice system England and Wales, the system of jury trial depends on twelve parties and true coming to court and listening to the case. Witness who will give evidence and answers the questions, counsel let loose address the jury, judges speak and give direction. The current criminal justice process, in major trials involving fraud is made available to jurors on screens, but not without difficulty. The implications of all this for the criminal justice system are important. However, in jury trial in particular the public opinion can never really be kept out of the court room. non everyone agrees with these changes when opposition is expressed on principal, it requires attention.