Importance & introduction to legal aid in UK : Legal aid forms a quintessential part of the democratic process for dispensing and administrating justice. Labeled as one of the most expensive governmental aids (around the world), the legal aid in the UK is a £2bn colossal industry. But recently, the budget has taken a toll on this system, with imposition of numerous cuts. True, the legal aid cuts are severing a lifeline for many poor families, but how? For that we need to analyze the importance of it and what exactly was the role it had been playing ever since. Along with the analysis to the future impacts of these alleged cuts. How do you expect a poor man who got in a tussle with a large party and is looking for legal aid to fight up …show more content…
the Legal Aid, Sentencing and Punishment of Offenders Act of 2013 had put up its valid arguments to make the legal aid cuts. The act was the upshot of some failed attempted to implement the cuts made in the years 2004, 2007 and 2010 respectively. Imposing a certain fees for various types of cases, these aforesaid cuts did less of some good and rather led to the withdrawal of many legal aid providers from imperative legal aid services for the complex matters of asylum and immigration. Just like two sides to a coin, everything has its pros and cons. Legal aid cuts follow the same. The debate here stands between the pro-cut brigade and the legal aid lawyers. While the pro-cut brigade, with support from scare-stories from the press points to barristers with a six figure salary, the legal aid lawyers are stressing on a different story overall. With a valid argument that the cuts will affect the average salary of £25,000 of a legal aid lawyer, the Justice Secretary has finally taken (or rather was influenced to) a U-turn on his harsh obligation allowing the clients to choose a solicitor of their …show more content…
• Now this mass-absence of the rightful lawyers ultimately has added to the agony of numerous defendants or pleaders who stand unrepresented. • Reports of unrepresented defendants has been rising, and this, as per the observations has resulted in more full-time trials and almost no defenders pleading guilty due to lack of properly legal aid. • If major legal-aid funded law firms withdraw or lose it to the ‘cut’, it has been supposed that the quality of the representation is sure to fall. While the CLSA (Criminal Law Solicitors Association) has also showed a severe concern over the matter, it states that this has not only affected the defenders, but the prosecution as well as the court most importantly. Justice is a fundamental right and irrespective of the costs it demands, it should be granted to the needy. As Albert Einstein had put it- “ In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people, are all the
Olaf Dietrich, a German born migrant with a history of prior offences as his alias “Hugo rich” found himself face to face with the law after being found guilty for a range of drug related offences. The offender both naive and ignorant to the processes of the law took it upon himself to represent his case alone, a decision he did not expect to be incriminating in the outcome of his final verdict. Olaf Dietrich believed, although much to the dismay of any potential representatives, that he had a high chance in succeeding in his case and refused to plead guilty or believe otherwise. After exhausting all attempts he made to seek legal representation and being forced to then proceed with his trial as a lone representative, it wasn’t until he had
Everyone should be treated fairly and
Furthermore, Just Mercy emphasizes the importance of individuals with privilege actively fighting injustice with their resources. The author admits that he could not have accomplished what he did without the support of others, whether they were colleagues or strangers eager to lend a helping hand. Ultimately, Just Mercy is a must-read for anybody interested in social justice concerns or seeking encouragement in tough times. It emphasizes real-life events that will cause readers to reconsider their ideas about our judicial system while also offering insight into how we can all work together to make a
The NSW Law Reform Commission talks with legal and industry specialists. They review issues for reform, consultation papers. The papers are available for anyone, and anyone can make a suggestion to the commission on a reference. The Commission receives and examines submissions from stakeholders and the public. The submissions inform the direction of their report substantially, including the proposals they make for reform.
Australian courts have ruled that a trial will rarely be fair for an accused without adequate legal representation and due to this give parties to gather and present evidence and make the decision of having legal representation. Although legal representation is an option, in most cases it costs a significant amount of money and many people cannot afford such large costs. Since the adversary system is flexible and allows for parties to have control, alternatives are taken into consideration of these issues. This is shown in the case R v Gittany 2014 as Simon Gittany granted a judge-alone trial in order to save money on legal representation. By choosing this option of a judge alone trail he the case became case two weeks shorter, saving time.
The history of the modern right to counsel for defendants who cannot afford to pay for counsel or lawyer goes back over a century ago; the Indiana Supreme Court in Webb v. Baird, 6 Ind. 13 (1853), officially recognized the right to counsel for a person accused of a crime. However, this decision was not based on constitutional or statutory law but warranted under “the principles of a civilized society.” Since the case of Webb v. Baird, the courts have immensely extended the right to counsel beyond just appointing an indigent person an attorney. For more than a hundred years, the Right to Counsel Clause was interpreted as simply granting the right to retain a private attorney to a defendant but didn’t mean that a poor criminal defendant had
This is a border of what right and wrong. One justice works in the best interest of someone when another philosophy is to return what rightfully belongs to
The definition of the word “injustice” means “a violation of the rights of others; unjust or unfair action or treatment”. Injustice and corruption are recurring themes in the novella, they are also crippling issues in prisons in our country and around the world. For example, the United States maintain the largest incarceration rate in the world, at 1.6million. Human rights research found that the massive over-incarceration includes a number of elderly people whom prisons are unequipped to handle, an estimated 93000 youth under 18 in adult jails, along with 2200 in adult prisons. Hundreds of children are subjected to solitary confinement in the hopes that they will reform.
Nils Christie’s view on modern law is that due to specialization, victims have lost the right to participate in their trials. Lawyers are becoming too involved in cases, taking conflicts away from parties and turning them into property. Christie states there there is less attention focused on the effects on the victim and more focus on the criminal’s background. Christie also states that getting a court to function is difficult while there are specialists present. According to Christie, parties become uneasy with handling their own social conflicts where they know there are professionals present who they believe can do a better job.
To some extent, this appears to be the only just course of action, but this could easily become a form of legal plunder and lead to undesirable consequences. If the means of compensation take from the group who profited from the injustice to benefit the group who faced the injustice, this falls into Bastiat’s definition of plunder. Bastiat writes that when a law falls into this category it will rapidly develop into a system of similar laws, and unrelated groups will aim to capitalize on this legal plunder and procure benefits for themselves. Bastiat would describe policies based on intentions such as the above as “misconceived philanthropy” (page 17). The difficulty of correcting unjust laws demonstrates the ramifications of injustice.
Justice is important because it ensures everyone is treated fairly and equitably, regardless of their background or circumstances. When justice is served people feel that they have been heard and that their rights have
The following analyses the different roles and duties performed during the trial of issues on 17 August. This report also comments on the proceedings and a potential reason of appeal. The sentencing of this case is still to be decided and is currently scheduled for 14 October
Australia believes that your rights are protected if you’re on the wrong and right side of the law. However, it wasn’t in the Dietrich v. The Queen (1992) 177 CLR 292 case. Dietrich was a criminal who had a past of committing many crimes.
The search for justice is never ending. Justice may be delayed, denied, or postponed, however, the search is timeless. To be just is to argue for fair rights for all. It is to be someone that will help the people of the community. However, many times justice is not sought and not given to those who need it most.
Some might argue that the state will appoint an attorney to individuals with limited financial resources, in criminal cases. Individuals can apply for legal aid assistance if they meet the income threshold,