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Social Aspects of Law (UK) - Essay Example

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18a. The Police have powers granted to them under the PACE Act 1984. Do you think that any other law enforcement agencies should have similar powers? Give reasons. (1.1) The PACE Act of 1984 regulates the use of power and authority by the various branches of the police force, but some agencies with police-like powers such as Her Majesty’s Revenue and Customs Service and the UK Border Agency formed in 2008 are not regulated by its statutes…
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Social Aspects of Law (UK)
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tain, as well as deport. In all of these instances except for deportation, the UK Border Agency’s activities apply to both citizens and non-citizens of the UK. In this regard, there is reason for consideration of application of PACE-like standards to the UK Border Patrol in order to standardize its police powers and procedures. 18b. Suppose we had NO state-provided legal aid or advice systems whatsoever in place in this country. Make 5 suggestions for the introduction of an entirely new system of state provision in this area. (1.2) If the country were completely lacking in legal aid and advice systems, an opportunity would exist to suggest an arbitration system that would resolve problems through alternative dispute methods rather than through escalation into the legal justice system.

Legal aid can be considered in regard to both civil and criminal matters, as well as in assistance to plaintiffs and defendants. In most instances, the aid is provided to criminal defendants, but there are instances of activist cases where plaintiffs form a claim for reparations or damages, as in a class action procedure. Thus, the recommendation would be do create two distinct assistance foundations for criminal and civil cases to be heard by experts in each field, and for sections to be dedicated to the defense and prosecution as required by the local caseload.

Public funding for defenders should be used for paid staff on a permanent basis, and where demand for assistance exceeds the time of staff on-hand, provisions for budgetary supplement and additional hiring should be undertaken. Law students should be provided an opportunity to volunteer and assist with various clerk, paralegal, and advice counseling. Finally, defense assistance should work with and develop more functional ties with social services and volunteer groups helping people to recover from aspects of crime, addiction, abuse, trauma, etc.

in society. 19a. Explain the context and meaning of Strict Liability and discuss whether or not it is fair to include it in certain laws. Do you think that the type or extent of punishment for someone found guilty of a strict liability crime should be different to the type and extent of punishment for someone found guilty of a crime where Mens Rea has to be provided? (2.1) Legal standards restrict the application of strict liability primarily to Tort Law as a consequence of business practices or corporate operations where the field of operation has an acknowledged consumer responsibility such as food products, pharmaceuticals, or transportation operations.

In these instances, it is accepted as a course of operation that standards of safety must apply to all aspects of operation. In this context, strict liability may apply even when there is no “guilty mind” or Mens Rea and intention to cause damage on behalf of the business. Indeed, the company may sincerely regret the harm and damage done to

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