The Necessity of the Existence of Government - PowerPoint Presentation Example

Trial by Jury Contents Contents 2 Introduction 3 Discussion on Comparative governance 4 Legal Issues. 4 Conclusion 7 References 8 Introduction Daily in news various news related to the performance and working of different governments in different parts of the world are been seen. This news is all related to issues in different countries related to their individual governments. Though there are huge talks regarding the government but the actual definition of government is always misunderstood. As per the state senator of Colorado the main purpose of the government of a country is to achieve the goals that are not achievable for an individual corporation. The best possible to understand actual meaning of government is by understanding what government does. The necessary of the existence of government is also rejected by many because some think that government has the power and it can use it in a wrong way to exploit people. But with new entrants as the predators from other countries government is needed to have a control. The general bodies where government needs to have control are been listed below. Stop Crime Increase charity Utilise the resources in the perfect way and allocate them in the correct manner. Have a control over the information flow both in education and media Have regulations for the society behaviour which is accepted by the citizens. Thus every countries government has certain regulations and laws for its citizens to control the country in a proper way and also has important role in the development of the country along with its citizens by providing them with the best available facilities and allocating the resources properly among all of them . Discussion on Comparative governance The particular topic covers the comparison of the role of government in various society issues in three different countries UK, USA and New Zealand on various factors like judicial system, legal system etc (Baker, 2002, pp. 72–76). The comparison is done on the basis of its judicial, legal, other policies which affect the society in a big way. For UK the capital town is London and UK is the key global player in both political and military field. It has a huge impact ratio in the UN, NATO and EU (Cairns and Macleod, 2002, pp. 65-68). Legal Issues. There is lot of differences in the legal regulations among different countries. This legal forums help each government to maintain a good environment and have a control over the crimes been conducted (Elliott and Quinn, 1998, pp. 70-75). In UK, the legal system is made and reviewed under the Act made by Parliament for the Human Rights if 1998. It has provision of law system which is common for all and has implemented a nonbinding judicial act which makes the laws common for all the citizens (Richardson, 2006, pp. 25-28). In US the laws in the federal system are made based on common English law and in the state level the laws are made taking the common law in consideration. This state law is implemented in all the states except Louisiana where in the laws are implemented based on the civil code made by Napoleon with the legislative acts been reviewed in the judicial front. In New Zealand, the law system is a common one for all and is made with reference to the English model, and for Maori it has special legislations and courts (Sprack, 2006, pp. 72-75). The crime rate in UK is pretty high as it is the 2nd highest in the world in total number of crimes in last year with total cries of 6.52 million in a year, while US leads the ranking of crime in world as it is been ranked as 1st with total crimes of 11.88 million in the year 2013 where as New Zealand has been ranked quite below at 25th among all the countries in the world with total crimes of 427230. The various judiciary procedures in comparative manner for all the three countries is been studied below in a descriptive way (Stanley, 2000, pp. 62-66). In UK, the juries for criminal trials are done in the Crown Court where the criminal is an offence in a way that after the examination by magistrates it is been put forward in the Crown Court. Magistrates have the power to send any criminal to the Crown Court, even when they decide to try and give decision to the particular case (Lehman and Godfrey, 1997, pp. 45-48). The criminal has the right to go to the court of crown with a jury. In case of jury tampering been found trial in Crown court can be done without a jury. After the prosecution gives the evidence, the jury can end at any time and decide to quite the defendant. This type of legal system in UK has not helped them to solve the cases quickly and as a result of which the crimes have increased at huge rates and it has become the country with 2nd highest crime rates in the last one year. Under the Senior Courts Act 1981 the Section 69 replaced the 6 if the Act of 1993 with respect to High courts trials and under this it is implemented that the trial has to be juried on basis of the application put by a party from which the court is satisfied under the two issues of a claim of fraud against a particular party or a claim been made of libel, malicious prosecution, false imprisonment or slander (Catlin and George, 1998, pp. 74-77). This has helped people to challenge the decisions made by the court. In US, a person accused for a particular crime is punished for more than six months but has a constitutional right to go through trial by jury, which has come up in federal court from United States Constitution’s article three, a part of which says the trial of all the crimes been committed can be looked by the jury (Rhodes, Binder, Sarah and Bert, 2006, pp.111-129). This right for the criminal was expanded from the sixth amendment to the constitution of US which helps in conducting the criminal prosecution at fast pace by an impartial jury. Though Supreme Court has made the rule that if the imprisonment is only for 6 months or less than that then trial by jury is not needed which has helped the country to make decisions in a quick way (Pierre and Peters, 2012, pp. 1-8.). The jurors are been selected by voters registration. In US the judicial decisions are taken under the seventh amendment of the constitution, except Louisiana where the law is divided between civil, legal and permits judicial trials in civil cases on the same basis of the seventh amendment in the federal court. The US judiciary has a total of 12 jurors and the verdict’s is been required to be unanimous. In New Zealand which has the common law same like in UK but with the developments made by New Zealand making its own courts it now differs from the UK in the legal aspect. New Zealand follows statute law which is framed by the parliament on New Zealand. The important feature in New Zealand’s jury system is that the power is been separated among three different branches. This division of branch implies that all the branches have to work on the basis of the constitution having different roles to play. The judiciary system has an independent role as it prohibits the members of the house from criticising the judge, but the decision been made can be criticised. The proper way to go against the judgement is by introducing a Bill t change the statement of law (Koen, 2010, pp. 120-124). The judiciary also has a judiciary review of the work done by the government. The judges and all the lawyers are been appointed by the Governor-General of the county. Earlier New Zealand needed the jury to pass the verdicts unanimously, but after passing the Bill in 2009 which covered the Juries ACT 1981, has allowed the verdicts to be passed by majority of full jury with one less. This Act has helped the jury to come up with better verdicts and also reduce the crime. Conclusion Every country has a different judicial and legal system which helps the government to have a control over the various crimes been conducted and also in providing good service to the people of the country. Different Acts provide different regulations which give better facilities to the society and also improve the social environment in the country. Through the study made it can been seen that how the governmental policies have affected the life of people in the country and how the countries have made regulations to reduce the crimes. In the study we can see that UK and US though being a developed nations but the crime rates in these countries are very high and US is the 1st followed by UK in the 2nd rank in the list of crimes been conducted over the last one year among all other countries in the world. On the other hand New Zealand has a very good control over the crimes compared to US and UK and is in the 25th rank. With the usage of various government rules and regulations of different countries the major focus is to improve the condition of the country and reduce the crime rates. References Baker, J. H. 2002. An Introduction to English Legal History. London : Butterworths. Cairns, J. & Macleod, G. 2002. The Dearest Birth Right of the People of England: The Jury in the History of the Common Law. London: Hart Publishing. Elliott, C. & Quinn, F. 1998. English Legal System. London: Longman. Richardson, P.J. 2006. Archbold: Criminal Pleading, Evidence and Practice. London: Sweet & Maxwell. Sprack, J. 2006. A Practical Approach to Criminal Procedure Oxford: Oxford University Press. Stanley, Eric G. 2000. Imagining the Anglo-Saxon Past: The Search for Anglo-Saxon Paganism and Anglo-Saxon Trial by Jury. Cambridge: D.S. Brewer. Lehman and Godfrey D. 1997. We the jury. New York: Prometheus Books. Catlin and George E. 1998. Systematic Politics. Toronto: University of Toronto Press. Rhodes, R.A.W., Binder, Sarah, A. and Bert A. 2006. The Oxford Handbook of Political Institutions, Oxford: Oxford University Press. pp.111-129 Pierre, J and Peters,B. 2012, Governing Complex Societies. Trajectories and Scenarios, London: Palgrave MacMillan. Koen,V. 2010 . Autonomy and Control of State Agencies. Comparing States and Agencies. London: Palgrave MacMillan. Government of UK. 2014. Trials. [online]: Available at:< https://www.gov.uk/jury-service/discussing-the-trial.>[Accessed on: 5 March 2014]. The Scottish government. 2014. Law, order & public safety. [online]: Available at: http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/review-sheriff-jury. [Accessed on: 5 March 2014]. Ministry Of justice. 2014. The New Zealand Legal System. [online]: Available at: http://www.justice.govt.nz/publications/global-publications/t/the-new-zealand-legal-system. [Accessed on: 5 March 2014]. Edwards,C. 2014. Why Is the Federal Government So Wasteful?. [online]: Available at: http://www.cato.org/publications/commentary/why-is-federal-government-so-wasteful?gclid=CP3cls7--rwCFekBwwodIb8A_w. [Accessed on: 5 March 2014]. Read More