Criminal and Civil Law Overview

The principle that everyone is subject to the law, even those who govern.

Laws created by Parliament (e.g., Acts of Parliament).

Unwritten laws based on court decisions (precedents).

Deals with crimes against society; the state vs. the accused.

The state (the DPP for example) brings charges against the Defendant, in a criminal case.

The prosecution must prove the defendant's guilt "beyond a reasonable doubt".

"Beyond a reasonable doubt" - the highest standard of proof in a court case.

Deals with disputes between private citizens or parties (not criminal).

Plaintiff must prove their case by a "balance of probabilities".

Standard of proof in civil cases, less stringent than "beyond reasonable doubt".

Focus on discrediting witnesses or causing doubt rather than finding the truth.

Wealthy parties in legal disputes have more advantages in the adversarial system because of money.

Long, complex, and expensive legal processes focused on argument between opposing sides.

Defendants may not have great legal help due to overloaded public defenders, legal aid issues, or inexperienced attorneys.

Legal cases can take a long time to resolve due to investigation and planning.

In criminal cases, the system prioritizes punishment over rehabilitation or making things right.

Punishment to make up for wrongdoing in a crime.

Discouraging people from committing crimes by showing consequences.

The legal system safeguards society from dangerous individuals.

Helping criminals to change behavior and be good citizens.

A court's effort to reform an offender, reducing the chance of them committing crimes again.

Circumstances that make a crime worse, increasing the deserved punishment.

Reasons that lessen the blame for a crime and reduce sentence severity.

The sentence should be fair and proportional to the overall crime(s), preventing overly harsh penalties.

A monetary penalty imposed by a court for a criminal offense.

A severe punishment that involves keeping an offender in jail.

A less harsh punishment where a person stays at a designated address.

Work assigned to an offender to benefit the community.

Evidence legally allowed to be used in court.

Evidence not legally allowed to be used in court.

Court proceedings accessible to the public.

Decisions made fairly based on factual evidence, not bias.

A person is found guilty of a crime they did not commit.

Example of a wrongful conviction case where the defendant's life was suspended due to his mistreatment by police.

Court decisions based on valid evidence.

Specific guidelines on what evidence is permissible in court.

Ensuring all court proceedings are just, unbiased, and consistent.

The trust society has in the integrity and fairness of the judicial system.

Proper legal representation is crucial for a fair trial, enabling access to justice and all its benefits.

A lack of funding and resources for legal teams can negatively impact a case, delaying or hindering justice.

The adversarial system fosters a better presentation of cases by incentivizing thorough evidence gathering from both sides and reducing biases, ultimately supporting natural justice.

The adversarial system's strength as a whole is partly undermined by unequal access to resources and fierce competition.

The principle that all legal cases should be governed by legal norms and processes that are accessible by all

A case that demonstrates how limited resources can undermine the success of legal representation and delay the justice system.

An insufficient amount of financial and other resources can impede the effectiveness of legal representation.

A legal system where two opposing sides (prosecution and defense) present their cases to a neutral judge or jury, aiming to achieve a fair outcome.

A core principle of the adversarial system where both sides in a legal dispute get a chance to present their arguments and evidence fairly.

A criminal case where new evidence, including planted evidence, led to the acquittal of Austic after appeal.

The state of being not guilty of a crime, in this case, it's determined by evidence and legal judgment

Deliberately placing evidence in a location to imply its relationship to a crime suspect, usually to frame them.

A legal process for reviewing a lower court's decision on a case and potentially overturning it.

Improper handling of evidence; can lead to its loss, damage, or contamination, compromising its reliability.

The Adversarial System's legal strength, where everyone, regardless of finances, has access to legal representation.

A legal representative who successfully defended Scott Austic.