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Purpose Of Criminal Law

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The purpose of law is that it is to maintain public order and social order in the country to ensure peace and security and to provide protection for people’s right such as life, liberty and property. Law can be distinguished between criminal and civil law. The criminal law is also known as public law which is designed to enforce or prevent certain types of behavior which can cause harm to society and to punish the offenders. If a person is charged for an offence under the criminal law, the state will intervene to prosecute the offender. If the person is found guilty of a crime, he will be punished by the state. On other hand, the civil law or private law governs the relationship between individuals or organizations in society. However,…show more content…
murder or theft. Besides that, criminal law provides machinery by which the state may take action against the offenders. Basically, since crimes are offences against society, the state or Crown will investigate and prosecute the criminals.The victim generally does not play the role in the decision to prosecute. The prosecution has the burden to prove the guilt of the offenders. In Woolmington v DPP [1935] AER 1, Lord Sankey in the Supreme Court said that‘the prosecution have the duty to prove the guilt of offenders’. Furthermore, prosecution has the burden to prove the guilt of offender beyond reasonable doubt. Again in the Woolmington v DPP [1935] AER 1, Lord Sankey, ‘if at the end of the whole case there is a reasonable doubt which is created by evidence given by either prosecution or the prisoners as to the guilt,the prisonersare entitled to an acquittal.’ The aim of the prosecution is to prove the guilt of the offender and the ultimate aim of criminal law is to punish the offender to provide a safe society. If the offender is convicted, he will be sentenced in jail or fine. Most of the criminal case start in the Magistrates’ Court or in the Crown Court with appeal available to the Court of Appeal and finally to the Supreme Court. The trial in the Crown Court is before the judge and jury. The jury will make their decision based on the fact of the case while the judge…show more content…
That decision once made is binding on a judge when he is called upon to make a decision in a subsequent similar fact case, meaning if the fact of the case he is presiding over is similar to the previous decided case he must follow that previous decision or precedent. This is also known as stare decisis. The doctrine is given effect through the hierarchy of court, i.e.when the higher court make a decision in a case, then the judge in the lower court if the facts of the case are similar to the case that has been decided by the higher court, the lower court must follow that decision. There are advantages and disadvantage of judicial precedent. First of all, by looking at the decided precedent, it is possible for the parties in subsequent similar case to predict a decision and plan accordingly. There is a consistency in the law in that similar cases will be treated alike. This is important for it creates confidence and justice in the law. Judicial precedent is flexible because decision is made according to the fact of the
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