Moddies
Point - Fair trial
In the Uk everyone has the right to a fair trial
Explain - Fair Trial
This is enshined in both article 6 of the european convention on human rights and the human rights act.
Example - fair trial
Tommy Robinson also known as Stephen Yaxley Lennon committed contempt of court by broadcasting footage of defendants accused of sexual explotation.
Analysis - fair trial
This shows those charged with a crime have their fundamental rights protected by law and when there has been an abuse to their rights, there is safeguards in place to protect them to ensure those accussed recieve a fair trial.
Rebuttal - fair trial
on the other hand , one of the biggest risks to a fair trial comes when jurors search the internet for info on the accused and witnesses.
Example 2 - fair trial
in 2011, joanne frail was punished for contacting defendant Jamie Sewart via facebook , which caused a £6m drugs trail to collapse.
Analysis 2 - fair trial
This shows that the intergity of the british jury system and the right to a fair trial is under threat as jurors may make acquittals or convictions from what they gave read online rather than evidence.
Evaluation - fair trial
Therefore, the adequate protection of the right to a fair trial is questionable in the age of social media
Point - POF
the presumption of innocence is the legal principle that one is considered innocent unless proven guilty.
Explain - pof
The prosecution must prove beyond reasonable doubt that the accused commited the crime - the accused does not have to prove their innocence.
Example -pof
Aaron Campbell will go down as one of the most notorious child killers in scottish history. He created his own version kf events despite a 'mountain of evidence' against him
Analysis - pof
This highlights that even in cases of the most heinous crimes, where it appears obivious that the accussed is guilty of the offence, the court must still establish proof and uphold the presumption of innocence.
Rebuttal - pof
On the other hand, members of the public & celebs who have faced police investigation have often felt that the media has deemed them guilty before being tried and prosecuted in court.
Example 2 - pof
For example, christopher jefferies was questioned by the police after the body of Joanna Yeates was found. He was released without charge but became center of local/national coverage.
Analysis 2 - pof
This shows that those who have been involved in police investigations can often feel like they have already been trued by the 'court of public opinion' due to negative media coverage
Point - lr
In criminal trials, defendants have the right to legal representation to help them mount a defence & right to legal aid if they cant afford a soliciter.
Explain - LR
It is a legal right to have a solicitor for free while you are under arrest or being interviewed by police as a suspect.
Example - LR
For example, Imran Khan representated Doreen Lawrence in her 18 year fight for justice after her son Stephen Lawrence was murdered in 1993.
Analysis - LR
This shows that legal aid allows for access to high quality legal support that good justice depends on.
Rebuttal - LR
however in 2012, the goverment passed the legal aid sentencing punishment to offenders act which came into April 2013, this has resulted in large cuts to legal aid.
Example 2 - LR
for example, the law society highlighted that the number of legal aid cases to help people get the early advice they need dropped from almost a million in 2010 to just 130,000 in 2021/22
Analysis 2 - LR
This shows that people may be unable to get the legal support they need which may result in misscarriage of justice.