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TOPIC : THE LAW IN BRITAIN Contents I THE LAW IN BRITAIN The police and the public Crime and criminal procedure The system of justice The legal profession II THE LAW IN VIETNAM The police and the public Crime and criminal procedure The system of justice The legal profession III EXERCISE I THE LAW IN BRITAIN The police and the public - There was a time when a supposedly typical British policeman could be found in every tourist brochure for Britian - The image of friendly Bristish ‘bobby’, with his fatherly manner, was also well-known within the country and was reinforced by popular television serials such as: Dixon of Dock Green - Policeman’s strange-looking helmet and the fact that he did not carry a gun made him a unique symbol for tourists He usually patrolled on foot or by bicycle The local bobby was a familiar figure on the streets, a reassuring presence that people felt they could trust absolutely But in the 1960s the situation began to change in two ways : - First, in response to an increasingly motorized society.Therefore increasingly motorized crime, the police themselves started patrolling in cars => As a result, individual police officers became remote figures and stopped being the familiar faces that they once were - Second, the police found themselves having to deal increasingly with public demonstrations and with the activities of the youth Police officers were no longer known as ‘bobbies’ but became the ‘fuzz’ or the ‘cops’ or the ‘pigs’ - Since the middle years of the twentieth century, the police in Britain have lost much of their positive image In the 1980s there were a large numbers of cases in which it was found that police officers had lied and cheated in order to get people convicted of crimes - Nevertheless, there is still a great deal of public sympathy for the police Because : +Police officers often still address members of the public as 'sir' or 'madam' +Some police have even started to patrol on foot again +Police still not carry guns in the course of normal duty Crime and criminal procedure - There is a widespread feeling among the British public that crime is increasing However, figures on this matter are notoriously difficult to evaluate because not all actual crimes are necessarily reported - Official figures suggest that the crime of rape increased by more than 50% between 1988 and 1992 => In the last quarter of the twentieth century, the number of crimes with firearms went up And the fear of crime seems to have increased a lot This had gone together with a lack of confidence in the ability of the police to catch criminals - There has also been some impatience with the rules of criminal procedure under which the police and courts have to operate For example, unless they obtain special permission, they are not allowed to detain a person for more than twenty-four hours without formally charging that person with having committed a crime The system of system - The system of justice in England and Wales, in both civil and criminal cases, is (as it is in North America) an adversarial system + Civil cases typically involve disputes between private parties It contains : defamation, assault, nuisance, negligence, false imprisonment and trespass… + On the other hand, criminal cases involve actions that are considered detrimental to society It contains : murder, rape, assault, theft, fraud, battery and burglary … - There are basically two kinds of court: Magistrates Court and Crown Court + More than 90% of all cases are dealt with in magistrates' court Even serious criminal cases are first heard in a magistrate's court Magistrates only need to decide that there is a prima facie case against the accused then refer the case to a higher court – Crown court + Crown court, where a professional lawyer acts as the judge and the decision regarding guilt or innocence is taken by a jury - The duty of the judge during a trial : + to act as the referee while the prosecution + defence put their cases and question witnesses + to decide what evidence is admissible and what is not + to impose a punishment on those found guilty of crimes (A typical courtroom scene showing the judge, the jury, and a witness being questioned by a barrister (cameras are not allowed in court) ) The legal profession - There are two distinct kinds of lawyer in Britain : Solicitor and barrister Solicitor Barrister A barrister in the gown and wig that must be worn in court - The training of the two kinds of lawyer is very different : + All solicitors have to pass the Law Society exam + Barristers have to attend one of the four Inns of Court in London - The different styles of training reflect the different worlds that the two kinds of lawyer live in, and also the different skills that they develop: + Solicitors have to deal with the realities of the everyday world and its problems + Barristers, on the other hand, live a more rarefied existence II THE LAW IN VIETNAM The police and the public - Vietnamese policeman usually patroll by motorbike and bring batons - They wear the uniform of police - Recently, Vietnam has new form of patrolling in Da Nang, Thanh Hoa – by bicycle The local police was a familiar figure on the streets Crime and criminal procedure The crime is increasing rapidly, especially in big city such as Ha Noi , Hai Phong, Hue, Ho Chi Minh … According to Law Newspaper, the crime has the highest rate in Vietnam is robbery In June 2012, it about 51% in the total of crime The system of justice - The system of justice in Vietnam consists of civil and criminal cases, marriage and family, labour, economic … - The Supreme People’s Court engages a wide scope of activities, such as the organization and implementation of all stages of judicial work, including hearing appeals, reviewing judgements, suppervising the implementation of sentences: + The First court: Judments of first instance courts were legally effective if not appealed within the time- limit for appeal + The Appeal court: When one or more parties to the dispute appeals, the Appeallate Body rewiews the findings in panel reports However, The trial panel was entitled to reject a protest, to remand, or to set aside the judgments or decisions of the case The legal profession - It also has two kinds of lawyer: the barrister and the solicitor + The duty of solicitor: when the trial hasn’t been occurred, they gave advice and information for his client + The duty of barrister: they produce envidence in court to support his statement and defend of his client III EXERCISE Answer the question What does the phrase “prima facie” means? at first appearance or at first sight What is the duty of the judge during a trial ? + to act as the referee while the prosecution + defence put their cases and question witnesses + to decide what evidence is admissible and what is not + to impose a punishment on those found guilty of crimes What is the different of training between solicitor and barrister ? + All solicitors have to pass the Law Society exam + Barristers have to attend one of the four Inns of Court in London Give an example about the rules of criminal procedure in the lesson + Unless they obtain special permission, they are not allowed to detain a person for more than twenty-four hours without formally charging that person with having committed a crime [...]... parties to the dispute appeals, the Appeallate Body rewiews the findings in panel reports However, The trial panel was entitled to reject a protest, to remand, or to set aside the judgments or decisions of the case 4 The legal profession - It also has two kinds of lawyer: the barrister and the solicitor + The duty of solicitor: when the trial hasn’t been occurred, they gave advice and information for his... punishment on those found guilty of crimes 3 What is the different of training between solicitor and barrister ? + All solicitors have to pass the Law Society exam + Barristers have to attend one of the four Inns of Court in London 4 Give an example about the rules of criminal procedure in the lesson + Unless they obtain special permission, they are not allowed to detain a person for more than twenty-four...- The Supreme People’s Court engages a wide scope of activities, such as the organization and implementation of all stages of judicial work, including hearing appeals, reviewing judgements, suppervising the implementation of sentences: + The First court: Judments of first instance courts were legally effective if not appealed within the time- limit for appeal + The Appeal court: When... advice and information for his client + The duty of barrister: they produce envidence in court to support his statement and defend of his client III EXERCISE Answer the question 1 What does the phrase “prima facie” means? at first appearance or at first sight 2 What is the duty of the judge during a trial ? + to act as the referee while the prosecution + defence put their cases and question witnesses +... an example about the rules of criminal procedure in the lesson + Unless they obtain special permission, they are not allowed to detain a person for more than twenty-four hours without formally charging that person with having committed a crime ... ‘bobbies’ but became the ‘fuzz’ or the ‘cops’ or the ‘pigs’ - Since the middle years of the twentieth century, the police in Britain have lost much of their positive image In the 1980s there were a... aside the judgments or decisions of the case The legal profession - It also has two kinds of lawyer: the barrister and the solicitor + The duty of solicitor: when the trial hasn’t been occurred, they... have to deal with the realities of the everyday world and its problems + Barristers, on the other hand, live a more rarefied existence II THE LAW IN VIETNAM The police and the public - Vietnamese