What Is the Law There to Do?
Essay by people • September 27, 2012 • Essay • 573 Words (3 Pages) • 1,414 Views
What is the law there to do?
The law is there to protect the citizens of England. The law is a set of rules that everyone in society is expected to live by. The are there to protect the rights of the people living in our country and keeping them safe. it's a way of keeping peace between different aspects of society, enforcing the law and keeping punishments fair whilst serving justice.
The law is a group of formal, reasonable rules which bring society together. The law brings society together because everyone has to follow the law and behave in a responsible manner. Everyone is equal in the eyes of the law, we all understand the difference between right and wrong so we can all understand that murder or theft is wrong even without the law there to remind us. The punishments are not fitted to the person they are fitted to the crime. E.g. when James Bulger was abducted by two 10 year old boys the courts gave the boys a minimum of 8 years even though they were still young boys.
The law is there in particular to make sure that the courts give a fair, independent and impartial decision for where legal relationships break down. For the judge to rule against a defendant the standard of proof has to prove: for civil cases beyond the balance of probability, so each side has to provide proof and the one that seems more probable would go beyond the balance of probability; for criminal case's the standard has to go past all reasonable doubt, so it doesn't matter which side sounds more probable it means that there has to be absolutely no chance that they didn't commit the crime because if they cant get wrongly accused.
Laws are guidelines for the way we should live and the proper way to behave through out our lives. They are the rules of society that are enforced by the police. The police enforce the law for a job and you will be punished if you have done something criminal, this is for the interest of everybody in England as they want to protect all other citizens. This is why in criminal court it's the defendant against the state; the judge is there on behalf of everybody. This is why in criminal law a crown court there is a jury consisting of 12 random members of the country chosen at random off the voting register. In a magistrates' court there are 3 magistrates instead of a judge and jury this is for the smaller criminal case's e.g. a minor offence.
When the law is broken the state, though the court system, will either punish someone, in the case of criminal law, or require another person to pay damages in the case of civil law. In civil law the damages paid need to be enough to put the claimant back into the position they were in before the law was broken. In criminal law the state would want to protect society from the criminal, they will try to reter him, so he will no do anything like that again. Normally a prison
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