Law and justice essay a level

The criminal judiciary is comprised of chief judicial magistrate and judicial magistrate of first and second class. The judges hold office until they attain the age of 65 years. The judicial administration of each State or a group of states is headed by a respective High Court. Each High Court comprises a Chief Justice and such other judges as the President of India may, from time to time appoint. There is uniformity in the structure and functions of subordinate courts throughout India.

The designations of respective courts connote their functions. They deal with the disputes of civil and criminal nature as per powers conferred upon them. These courts derive principally from the two important codes prescribing procedures, i. It is often said that justice delayed is justice denied.

In India, the settlement of cases takes a long time. Many cases are not decided even after decades.

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Sometimes the plaintiff or the respondent dies before the cases are decided defeating the very purpose for which the case was filed. There are several reasons for such a delayed justice in our country. The number of judges is woefully short of the requirement as a result of which the number of cases go on piling in various courts. Many vacancies lie unfulfilled because of bureaucracy and bottlenecks.

The judges take their own time in deciding each case because there is no time pressure on them lack of concrete proof on evidence, changes of stances by witnesses, corruption, etc. There is a huge pendency even in superior courts, viz. Supreme Court and the High Courts. People need access to legal advice so that they can understand the case against them and have a Fair Chance to Present a Defence.

If the person cannot afford to pay for their own lawyer, where the interests of justice require, the state should provide free legal assistance. A person facing criminal charges must have the time and facilities to prepare a defence. Crucially, during the trial itself people must have a Fair Chance to Present a Defence under conditions that do not place them at a disadvantage versus their opponent.

This will require the free assistance of an interpreter if the person cannot understand or speak the language used in court. Except in exceptional circumstances, people must also be given the right to call witnesses and examine or have examined witnesses in the same manner as the prosecution.

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Address Line 2 optional. Thank you! The Right to a Fair Trial. The Right to a Fair Trial It's actually impossible to overstate how important the right to a fair trial is.

Key Stats. Open Justice Justice must not only be done, it must also be seen to be done.

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A Level Law: Law and Justice Essay // Law and Morality Essay

A Fair Chance to Present a Defence A person charged with a criminal offence faces the overwhelming power of the state. Keep up to date Receive updates on our work and news about Fair Trials globally. Find us on social media. Subscribe on youtube. Legal Info. In this paper, I will focus primarily on two factors that our informants repeatedly pointed out as problematic, based on their experiences with the state: money and power.

To sum up, this paper aims to better understand the way in which people perceive state power to be exercised and how people relate to it when they seek justice for severe penal cases in a context of legal pluralism. I follow his proposal to approach the state in relational terms, as it is only through social relations that institutions become activated. For this, we need to look at the way in which citizens relate—or do not relate—to the various institutions that represent the state to them Thelen, Vetters, and Benda-Beckmann Thelen, T.

Hence, the theoretically informed approach to ethnographically studying the state in this paper is to look at the state in practice from the perspective of the justice seeker and to see whether and how it becomes visible to people when they are in need of one of the most basic services that a state is supposed to provide: delivery of justice and security. It is often argued that the Congolese state is not able to provide basic services to its population.


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The role of the state in these sectors is primarily to provide a regulatory framework in which non-state actors can operate Aembe Aembe, B. This image comes close to a Weberian state. At the same time, people do not expect the Congolese state to function like that. Occassional Paper. A reform to bring state justice closer to the people and to reduce the role of customary authorities started already in with legislation that was meant to establish Peace Tribunals in all territories across the country. But lack of funding and political will impeded effective implementation.

New life was blown into these courts from onwards under the new Kabila government Rubbers and Gallez Rubbers, B. Meanwhile the courts have become more numerous but they face similar problems as the overall state justice sector in the DRC: a lack of funds, understaffing, and a lack of legitimacy among the population Vinck and Pham Vinck, P. A Peace Tribunal is supposed to deal with family affairs, land conflicts and with minor criminal offences such as fraud, theft, breaches of trust for which a maximum of five years of prison would apply plus a possible fine.

These police officers are often the first entry point for people who seek state justice, as they have a presence in major police stations. Another indirect way to seek state justice is to consult an administrative chief, either at the level of the street, or the neighbourhood. These chiefs refer cases beyond their competence to the state courts. When asked whom they would turn to in second and if necessary third instance, the balance shifts slightly and people tend to go more to formal authorities oriented towards retributive justice.

Most of our respondents agree that severe penal cases need to be dealt with in state courts and not in more informal manners or through amicable agreement. Criminal law is therefore a domain where state justice becomes at least somewhat visible. A reason why people consider the state responsible for penal cases is that such cases require punishment, rather than mediation and reconciliation. Non-state actors usually lack the power to enforce decisions and will aim at mediation between two disputing parties.

Such different expectations about justice almost self-evidently perpetuate a situation of legal pluralism in which different justice providers offer different types of justice. Clearly not all people opt for interventions in case of disputes. Other respondents were not able to give clear reasons. The following story is of Floribert whose son Prosper got violently killed by strangulation in Floribert has meticulously stored all documents related to the case. On a Saturday, after work, my son and his friends went to have a drink in E.


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Around 8. On his way back, not far from here, Prosper encountered two bandits, Safari and Bahati, who forcefully took him to the house of Safari, the same house where later that evening my son was killed. The gathered crowd was too afraid to act against Safari because of his infamous reputation of always looking for a fight. After Prosper was killed, Safari woke his eldest brother and showed him the corpse of my son.

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Around 5. They quickly came to start the investigation.