Legal Systems And Structures

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Question:

Discuss about the Legal Systems And Structures.

Answer:

Introduction

The law ensures that there is procedural order in a country which is outlined by the constitution. However, it has several limitations as it must be followed to the latter. In its implementation, the police service unit helps to keep law and order in the society(ANDREW KARMEN., 2012). The following research shows some of the legal terminologies that are used constitutionally by law in the country. The police help in enforceability of the law.

Legal Terminologies

These are some of the legal terminologies used in a court of law

Appeal - in a higher court review of a judgment or verdict of a lower court

Arraignment - A procedure in which a person is brought in court where it proceeds to the reading of the charges and the defendant pleads guilty or innocent. See also initial appearance.

Arrest - Act physically put a person into custody legally, either by court order or cause probable. The arrested is a person under arrest.

Civil judgment - judgment subject to civil law on the relationship between two individuals, between an individual and a company, or between two companies.

Plea for annulment - Plea questioning the legality or constitutionality of the deprivation of liberty of a person, as habeas corpus petition. The challenge can be based on allegations of errors in judgment or an illegal sentence.

Demand - Indictment filed a crime to the police or directly by it and submitted to the court at the initial appearance of the accused.

Conviction - In criminal cases, judgment declaring the accused crime guilty

Inquiry - A procedure that lawyers obtain information on argument of his opponent in preparation for trial, and extend to the request for oral statements and documents.

Grand jury - Group of people established for a given time period during which follows the procedures and meets the evidence presented by the prosecutor to determine whether a crime committed. A grand jury can see many cases during his tenure. If, after hearing witnesses and examine the evidence presented by the prosecutor, the majority of the members of the grand jury concludes that it has committed a crime and that the author is probably a particular person, it will issue an "accusation" in which the accused is charged a crime(Barkan and Bryjak, 2011).

Indictment - A legal document that represents the decision of a jury to indict one or several people from the commission of a crime indictment.

Request on acquittal - a defense request that the judge issue a not guilty verdict for the defendant, based on the failure of the prosecutor to produce evidence that is beyond reasonable doubt. It usually presents at an early stage of the trial, after the presentation of the allegations of the prosecutor and, is resubmitted to the conclusion of the rebuttal argument of the prosecutor.

Plea bargaining and sentencing - Covenant between the prosecutor and the defendant in which the defendant agrees to plead guilty in exchange for favorable sentence or treatment, such as an accusation of a misdemeanor or a sentence that is more linient.

Probable cause - reasonable belief  committed, is being committed or a crime sufficient to justify the arrest of an individual, a record or garnishee commit. It is usually defined as more than a mere suspicion.

Subpoena - a court order whereby a person is to testify or produce documents before a  grand jury or a court of law as ordered.

Auto - Injunction by which it is ordered or prohibits the commission of an act. 

Work Task of a Police

Specialties and national support bodies, are responsible for regulating the central structures policies and lines of the technical aspects of their own activity and ensure control of compliance through inspections and control mechanisms to Units organizational counterparts, on which will have a functional authority.

Specialties and Support Bodies also have the function execution according to the importance of the activity(English and Card, 2009). The Specialties and Support Bodies have the staff necessary for the performance of their duties. Specialties in the departments or districts, is functionally subordinated to the National Specialty and hierarchically to the Head of the Delegation of corresponding territorial police.

The head of the organ depends on the Director General, the Deputy Director as appropriate, or the Inspector General where appropriate, is responsible for the service of its structure and has the powers and duties stipulated by law and the following(Marquis, n.d.):

  1. Ensure the preservation of public order, life and safety of persons and property, in the sector understand their functions.
  2. Exercise discipline on his staff correcting irregularities ascertained, according to their disciplinary authority.
  3. Comply with and enforce them by junior staff, all regulatory requirements of the service.
  4. To immediately notify his superiors of any act that could disturb the public peace, without prejudice to order appropriate action in emergencies.
  5. Being in touch with the heads of other agencies and provide each other with information that will contribute to better service performance to which they are intended.
  6. Resolve anything which tends to improve service structures and personnel under their leadership and command, and implementing powers and which are stated in the relevant regulations.

Territorial Units will be identified as Police Delegations with a specific territorial coverage within the organization. Police Departmental delegations are created in the departmental capitals and may be subordinate Delegations of Municipal Police jurisdiction. Police delegations may be established based on the socio-criminal situation that arises. Its location, staff and competence is approved by the Director General of Police(Ratnapala, 2009).

Interview on a legal practitioner- police

Even though the police force is not necessarily the law makers, it has the basic legal background to implement the law. However, some police officers are not fully conversant to the law and may harass people abiding by the law. Most of them are conversant to enforce the law.

Conclusion

The legal jurisdiction and coverage of the law is enshrined in the constitution. There are so many legal terms that are used in the constitution. The following research shows some of the legal terminologies that are used constitutionally by law in the country(Wharton, n.d.). The police help in enforceability of the law

References

Andrew Karmen., (2012). Crime victims. [Place of publication not identified]: Wadsworth Publishing co i.

Barkan, S. and Bryjak, G. (2011). Fundamentals of criminal justice. Sudbury, MA: Jones & Bartlett Learning.

Daugherty, R. (2001). Special education. Westport, Conn.: Bergin & Garvey.

English, J. and Card, R. (2009). Police law. Oxford: Oxford University Press.

Jenkins, P. (2002). Legal issues in counselling & psychotherapy. London: Sage Publications.

Marquis, G. (n.d.). The vigilant eye.

Ratnapala, S. (2009). Jurisprudence. Cambridge: Cambridge University Press.

Wharton, J. (n.d.). The law lexicon, or, Dictionary of jurisprudence. 


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