Wednesday, May 6, 2020
Obtaining Evidence Abroad in Criminal Cases
Question: Discuss the sources of English and European law, their espective features and how they operate. Explain the role of judges, and the courts and the legal profession. Describe the relationship between the evolution of law and societys morals, values and attitudes. Answer: The world experiences various criminal cases from day to day basis and the authorities have to deal with them. It is the duty of the police to arrest the convicted criminals or respond to any arising issues happening from time to time. The individuals after being arrested are arraigned in court so as to be prosecuted for their mistakes. However, there are criminal individuals who end up not getting caught and continue terrorizing the people from time to time. The police need to use all the resources they have to maintain law and order. The civilians need to be protected and they should also alert the authorities on any issues that are happening. The help of the people helps the police to curb criminal activities yet to happen or that are scheduled to happen at a particular place or time. In addition to that, the judges play a significant role in ensuring that justice is attained to the persons who are the victims of the criminal activities. They ensure that all the people are treated fairly by coming with a fair judgment. The magistrate court in the city was hearing the criminal cases and had to follow up the proceedings. There were a number of cases that had to be heard that day and they were about the criminal issues that had been reported. The location of the court was well built and various developments had been done in the city. The government had also scheduled funds to upgrade the court and also its facilities. The court had been structured and various innovations done to make it more modern. There will be a potential impact on the cases being heard and it includes the judgment that will be said by the judge. The ruling of the judge will be final unless on other issues that the persons need to appeal if they are not satisfied. There are individuals who are not contented and always need another final ruling by the judges. The presiding judge is a highly qualified individual and has experience on various criminal cases. He graduated from law school and has spent his entire time dealing with vario us cases that area arraigned in court (Herring, 2014). On the other hand, the jury was also present at the court and is responsible in giving a verdict depending on the evidence presented. Moreover, there were other visitors present to hear the proceedings and many of them were the relatives of the individuals sued at the court. The people need to hear the ruling of their friends and relatives so as to know what next for them. The cases had been well arranged and the individuals had to appear as their names were called out. The substantial evidence regarding the cases must be presented for the judge to make a clear final ruling. However, without the evidences there would be no case and the court requires it for the hearing to be fair. After all the people had settled the hearing of the cases had to begin. First of all, the first case regarding robbery was called out and the defendants were brought in to answer the case. The individual was accused of robbing a bank and had been captured on the camera. The criminal was in the company of other persons but were not clearly captured on the camera unlike him. He was accused of stealing money in the bank and also shooting the civilians who were present in the bank at that time. It was the sentencing of the case and the judge had to give the final rule. The witnesses had been presented and were ready to state what they had seen that day. The defendant denied the accusations presented before him at the court and the judge has to call the witnesses. They stated what happened that day and also presented the video clips that some people had captured with their smartphones. It was clearly seen that the individual was present at the bank and he carried out the attack and robbed money. The judge was satisfied with the evidence presented. He was char ged with murder of three civilians who two of them died on the spot after being shot while the other died while undergoing medication. Moreover, he was sentenced with 30 years imprisonment. The criminal had no any legal representation and there was no any success of being bailed out. He was also former ex-military personnel and had illegal possession of the fire arms. However, he failed to mention his other accompanying individuals who helped during the attack (Herring, 2014). Secondly, the second case was called out and it was concerning a rape case of a twenty year old girl who was on her way home in the evening after school. The defendant was immediately presented at the court and the plaintiff also appeared to give the occurrences of the situation. The judge told the girl to describe what happened that day and also the location of the incidence. The girl described all what happened and also recognized the individual who had done the beastly act. The criminal was given the chance to speak but denied all the accusations presented. The judge requested the witnesses to be brought and testify regarding the case. They gave out the descriptions of the individual and later on identified him. Moreover, they said he had escaped after the girl screamed out for help and they came to rescue. In addition to that, he was also of other cases and he had gone into exile after learning that the authorities were looking for him. The final witness had a video clip of the g uy being chased away by the persons who had come to rescue the girl. It was substantial evidence and the judge was contented with it and he had to give his final ruling. The criminal was found guilty and he was sentenced to ten years imprisonment and a heavy fine was implied on him. The individual was known to operate an unknown business in the area and the people always suspected him to be a gangster. There was no any legal representation of the defendant and he was all by himself (Buhk, 2011). Lastly, the final case was regarding the murder of a federal officer who was on duty during the day. The officer encountered robbers who were escaping after robbing a certain jewelry shop in the city. He tried to stop them and as they exchanged fire, he got shot and died on the spot. The action was captured on the street cameras and had to be presented at the court. There was legal representation and the lawyer of the officer was there to handle the case. On the other hand, the police department had done their investigations and had identified the individuals on the clip recorded. The persons had been located and arrested for their mistakes and had to face the court of law. They were brought in and the lawyer representing the deceased officer had to ask them questions. The individuals denied the accusations and the evidence against them had to be presented. The video clip was played and it was clearly seen that it was them robbing the bank and later shooting at the officer as they es caped. Moreover, the owner of the shop was also present at the court and identified the persons. They had not won the masks at the time and the camera had captured the entire scene. The judge was contented with the substantial evidence presented. The criminals were charged with murder and robbery with violence. They were sentenced to life imprisonment without any cash bail. The criminals were also former military individuals who had resigned without any reason and had a poor profile during their military operations (Kadish Kadish, 2012). In conclusion, the court environment was not harsh and was favorable for the case hearings. On the other hand, the witnesses were also courageous enough to give an outline of the occurrences that happened on particular case. They had to testify what they had seen and none of them had some exaggerations regarding the events. They were not against any side and their utmost goal for them was justice to prevail. In addition to that, the defendants seemed worried at the court as they knew they were guilty of the accusations brought against them. Most of them had previous convictions and escaped free without facing the full force of the law. The lack of the witnesses in the previous cases made them to be released freely. Lastly, the proceedings had been carried out in the right manner and justice had been served. The ruling of the judge made the plaintiffs feel relieved and also the values of the society were maintained. The criminals faced the law and were prosecuted accordingly and as pe r the laws governing the country. It was a good example to any other individual who had intentions to commit such crimes. It was clearly seen that the court plays a significant role in solving the cases and ensuring that justice is served. References Abbell, M., Abbell, M. (2010).Obtaining evidence abroad in criminal cases 2010. Leiden, Martinus Nijhoff Publishers. Allerton, P. N. (2008).Fines and restitutions in federal criminal cases. New York, Nova Science Publishers. American Bar Association. (2009).Model jury instructions in criminal antitrust cases. Chicago, Ill, Section of Antitrust Law, ABA. Buhk, T. T. (2011).True crime Michigan : the state's most notorious criminal cases. Mechanicsburg, PA, Stackpole Books Cassese, A. (2010).International criminal law: cases and commentary. Oxford, Oxford University Press. Emsley, J. (2008).Molecules of murder. Cambridge, Royal Society of Chemistry. Herring, J. (2014).Criminal law: text, cases, and materials. Oxford, United Kingdom : Oxford University Press Kadish, S. H., Kadish, S. H. (2012).Criminal law and its processes: cases and materials. New York, Wolters Kluwer Law and Business/Aspen Publishers.
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