Problems with the British legal system Watch

anonlad
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Law students/law applicants/anyone with an interest in the law:

In your opinion what are the problems with the British legal system and what do you think are the best solutions for these problems?

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ash92:)
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I've not studied law, but self defence laws come to mind - the fact that you can't fight back the people that are trying to physically harm you and steal your possessions.

How can it be improved? Allow people to fend them off and to fight for their right to not be harmed and to not be mugged.
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TheMagicalConch
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(Original post by ash92:))
the fact that you can't fight back the people that are trying to physically harm you and steal your possessions.
Don't worry. Self defence is applicable to cases where your defensive action was proportionate to the situation as you saw it to be. The proportionality is judged objectively by a jury who in most cases will side with the self-defender if, again, they acted proportionally. It is a full defence to defend yourself from attack.

Cases where intruders are killed are sometimes legally taboo because it is ambiguous as to whether the home-owner defended himself or actively attacked the intruder.
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Zander01
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A lot of sentences you see nowadays are an absolute joke. People are getting ridiculously light sentences for fairly serious crimes. For example a guy in Edinburgh who tortured another person for 14 hours was given 18 months in prison. I hope the judge will be glad to know the victim took his own life when he learned the torturer was getting released so soon.

I'm not saying prisons should purely be punishment, but the UK is hardly Norway and they don't put as much emphasis on rehabilitation. So either they do that or the give far tougher sentences for serious crimes
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TheMagicalConch
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(Original post by Zander01)
For example a guy in Edinburgh who tortured another person for 14 hours was given 18 months in prison.
Are you sure it was 18 months and that it was a proven torture. Moreover are you sure the defendant had no defence. I am unsure of the disparities between Scottish and English law however in Britain there is a statutory requirement that a judge sentence a convicted torturer to life imprisonment and I am sure it is similar in Scotland.

Despite this case I concur with your criticism, specifically in relation to petty crimes or 'misdemeanours', where criminals can be let of with a slap on the wrist, and courts in different parts of the country will sentence differently for the exact same crime.
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RandZul'Zorander
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(Original post by ash92:))
I've not studied law, but self defence laws come to mind - the fact that you can't fight back the people that are trying to physically harm you and steal your possessions.

How can it be improved? Allow people to fend them off and to fight for their right to not be harmed and to not be mugged.
Self defense is definitely something that is available to crimes such as assault, murder, etc. There are parameters under which it is reasonable (and therefore applicable) but it is an available defense.
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ngt93
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(Original post by TheMagicalConch)
Are you sure it was 18 months and that it was a proven torture. Moreover are you sure the defendant had no defence. I am unsure of the disparities between Scottish and English law however in Britain there is a statutory requirement that a judge sentence a convicted torturer to life imprisonment and I am sure it is similar in Scotland.

Despite this case I concur with your criticism, specifically in relation to petty crimes or 'misdemeanours', where criminals can be let of with a slap on the wrist, and courts in different parts of the country will sentence differently for the exact same crime.
Yeah it was torture.

Read about it here:
http://www.dailyrecord.co.uk/news/sc...s-life-4750760
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william walker
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(Original post by robhughes)
Law students/law applicants/anyone with an interest in the law:

In your opinion what are the problems with the British legal system and what do you think are the best solutions for these problems?

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Remove all the reforms undertaken by the Blarite and Brown governments. Simple as that. Also remove sentencing guidelines and allow the death penalty.
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TimeWalker
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Not sure about the wider system.

In the courtroom defendants are intimidated by the formality of the system and could otherwise speak up and sway a jury in their favour where circumstances could aggravate or mitigate. Instead they seem to take a passive role under the assumption that the system will sort things out either way. I've been on a jury and I'm convinced the process could sway towards defendants under certain circumstances if the defendant was encouraged to prepare an independent statement for themselves (they only seem to get Q'd by the defence/prosecution).
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ash92:)
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(Original post by TheMagicalConch)
Don't worry. Self defence is applicable to cases where your defensive action was proportionate to the situation as you saw it to be. The proportionality is judged objectively by a jury who in most cases will side with the self-defender if, again, they acted proportionally. It is a full defence to defend yourself from attack.

Cases where intruders are killed are sometimes legally taboo because it is ambiguous as to whether the home-owner defended himself or actively attacked the intruder.

(Original post by RandZul'Zorander)
Self defense is definitely something that is available to crimes such as assault, murder, etc. There are parameters under which it is reasonable (and therefore applicable) but it is an available defense.
Could you tell me more about the legal parameters thereof? The police officers that I have conversed with seem to suggest that the legal parameters are very restricted, if not completely denying the permissibility of self-defence.
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Balloon Baboon
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In regards to sentencing; you have to remember - a judge can not randomly dream up the sentence of an offender. Most cases must go on what and how a previous case, that was similar, concluded.

There are other areas to note which makes a sentencing outcome, however that is the jist of it.
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Enoxial
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(Original post by robhughes)
Law students/law applicants/anyone with an interest in the law:

In your opinion what are the problems with the British legal system and what do you think are the best solutions for these problems?

(Discuss)
The courts system (both) are so confusing and hard to remember for exams. :facepalm:
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Graceful_Lawyer
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(Original post by Enoxial)
The courts system (both) are so confusing and hard to remember for exams. :facepalm:
And I completely understand you. But its very interesting. Criminal law is just ♡, although Criminal Justice System can be tedious at times.
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Enoxial
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(Original post by Graceful_Lawyer)
And I completely understand you. But its very interesting. Criminal law is just ♡, although Criminal Justice System can be tedious at times.
Finally some one understands!
I haven't interacted with Criminal Law (studied Tort etc) but the case laws are so hard to keep in mind :coma:
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Balloon Baboon
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(Original post by Enoxial)
Finally some one understands!
I haven't interacted with Criminal Law (studied Tort etc) but the case laws are so hard to keep in mind :coma:

Tort! please no, not Tort!!
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swagyolo420
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Duress not a defence for murder, scares me man


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Coffinman
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Don't we have two separate legal systems with one in England and one in Scotland?
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danisolo28
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What isnt wrong with it. The british legal system, as with most legal systems worldwide, defends injustice. Big organizations always win in court as they are the same self imposed high society as the judges and influential figures. Its collusion
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Wade-
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(Original post by william walker)
Remove all the reforms undertaken by the Blarite and Brown governments. Simple as that. Also remove sentencing guidelines and allow the death penalty.
Clearly you don't study law or politics as you'd realise that's not realistic at all thankfully

(Original post by swagyolo420)
Duress not a defence for murder, scares me man


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It is a defence for murder, courts just aren't keen on allowing it




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william walker
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(Original post by Wade-)
Clearly you don't study law or politics as you'd realise that's not realistic at all thankfully



It is a defence for murder, courts just aren't keen on allowing it




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Just because the government doesn't seek to do it and other tyrants don't want it to be done, doesn't mean it shouldn't be done.
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