What is it called when a judge decides a case?
At a bench trial, the judge rules on the procedural and evidentiary issues and takes on the jury’s role as factfinder. The judge will make the rulings, hear the evidence, and decide whether the defendant is guilty or not guilty.
What is prosecution in criminal justice system?
A prosecution is the process of institution and undertaking criminal proceedings against any person in a court of law. The Attorney General is, therefore, responsible for all public prosecutions in the country. Every public prosecutor shall be subject to his directions.
Which judge decides criminal cases?
Judicial Magistrates decide criminal cases, which are punishable with imprisonment of up to three years. At the middle of the hierarchy, there is the Court of Civil Judge (Senior Division) on the civil side and the Court of the Chief Judicial Magistrate on the Criminal side.
What is prosecution system?
The criminal justice system, essentially, is the system or process in the community by which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in court and punished, if found guilty, provisions being made for their correction and rehabilitation.
What do judges do in criminal cases?
The judge plays an active role during the trial, controlling the way the case is conducted in accordance with relevant law and practice. As the case progresses the judge makes notes of the evidence and decides on legal issues, for example, whether evidence is admissible.
What is the responsibility of a judge?
They lead court proceedings, use established laws and guidance to determine sentencing, and rule on the constitutionality of various laws and legal precedents. We must ensure that anyone who serves as a judge is fair minded.
What are the 4 core factors that determine how judges decide in court cases?
What are the core factors that determine how judges decide in court cases? Legal, Personal, ideological and political influences. Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions.
What do judges determine?
For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.
What is the most common type of court case?
These are some of the most common types of cases to appear in civil court.
- Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations.
- Property Disputes.
- Torts.
- Class Action Cases.
- Complaints Against the City.
How can the prosecution prove that a drug is controlled?
Proving that a drug is controlled – Forensic Evidence. It is for the prosecution to prove that a drug is controlled at the time that the offence was committed. Difficulties are often experienced as a result of the lack of such evidence at an early stage in the case.
When is possession of a controlled drug an offence?
The offence of possession of a controlled drug is committed when a person is unlawfully in physical possession or in control of any substance or product specified in Parts I, II or III of Schedule 2 of the Act and had knowledge of possession of the item even if he did not know it was a controlled drug.
Can a person be prosecuted for offering to supply drugs?
An offence of offering to supply can be prosecuted simply by proving the existence of an offer. The prosecution does not have to prove either that the defendant intended to produce the drugs or that the drugs were in his possession. The offer may be by words or conduct (R v Showers [1995] Crim. LR 400).
How are drugs specified in the Controlled Drugs Act?
Drugs are “controlled drugs” if they are specified as being of Class A, B or C, as set out in Parts I, II or III of Schedule 2 to the Act. Each drug that is individually controlled is specified by reference to its proprietary and/or chemical name (as opposed to a brand name), which can be further described within the Act (like cannabis).