By Cliff Roberson
Whereas in Plato's time there could have been a few fact to his trust that there can merely be one unmarried justice, and one unmarried legislations, such isn't the case this present day. legal justice structures differ extensively the world over of their ways to the matter of crime. This publication offers the subject country's felony version to a superb quantity determines the nature of its police and corrections in addition to its criminal approach. It examines those assorted structures and is an invaluable reference consultant for all legal justice professionals. Read more...
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Judicial Opinion under the Common Law Model Compared to Civil Law Model To illustrate the difference between the common law and civil law models, we will use an actual case that occurred in the County of Maui, State of Hawaii. Facts of the Case: Police officers of the Maui Police Department received a phone call from an anonymous person and proceeded to the Puu Olai beach at Makena to look for nude sunbathers. On reaching their destination, the police surveyed the beach from a ridge using both their naked eyes and binoculars and saw the defendants lying on the beach completely nude, one on his stomach and the other on his back.
LEXIS 135 [Haw. 1970]) Comment: Note how the justices used prior court decisions (precedent) to justify their decisions. How would a civil law judge look at the same issues? Note that the civil law judge does not look at prior court decisions and must make his or her decision based on the statute and logical reasoning. Note: The common law judges are generally expected to follow earlier decisions, because one of the goals of a legal system is to render law that is uniform and predictable justice.
Court systems, the institution of both state court systems and a federal court system, with each system having final authority in selected areas; also used to describe the concept of two coexisting complete court systems. Information: A legal document that constitutes a formal accusation of criminal misconduct against an individual; generally used in inferior courts instead of an indictment. Indictment: Formal document issued by a grand jury charging a person with a crime. Misdemeanor: A minor crime.
An Introduction to Comparative Legal Models of Criminal Justice by Cliff Roberson