Legal Studies Essay- Rule of law essay

This can be supported through various media files guarding legal processes, concepts and outcomes. One reason law is essential to the efficient operation of a society is that it provides a consistent, fair and just way Of governing a community. It is extremely important that every member of the community has a fair trial and course of justice, as well as the idea that no one is above the law, and no person is allowed to take justice into their own hands, as outlined in Dickey’s rule of law. This is demonstrated through the case study of Simon Sitting.

Sitting was accused of murdering his fiancee. He received procedural airiness as he had the charges he was accused of made aware to him, a judge was present to sentence him and he was given the right of a fair trial. Further from this, Sitting requested a judge-only trial, or a trial with the absence on a jury, due to the high media speculation that surrounded the case. This ensured that the verdict was just, as a jury may have been susceptible to the influences of the media, rather than a judges’ impartial viewpoint.

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This example highlights the laws fair and just nature, however, the legal system and a judicial decision may not always fair due to factors such as financial tutus, a language barrier, insufficient or new evidence arising or high media coverage of a case. The issue of financial cost can influence the accuracy of a verdict as legal representation is extremely expensive and legal aid is difficult to access. This can then lead to dissatisfactory legal representation, likewise to that of a person who may not understand the language and the charges they are being accused of.

This can be seen through the case study of Kiering Lovebirds, where he was convicted of the murder of Thomas Kelly. Lovebirds appealed against the NEWS Court of Criminal Appeal, challenging the verdict n the grounds it was “manifestly inadequate”. This appeal process is essential in ensuring that the law is consistent and just, as the; law is necessary as it is essential to the effective operation of a society, as it provides a fair and just way of governing a society.

Another reason that law is necessary for the effective operation of a society is that without law, society would descend into anarchy. Anarchy is a State Of lawlessness due to the absence of a government The law ensures that no one can be punished except for a breach of law proved in an ordinary law. The purpose of this is to guarantee that people don’t take the law into their own hands, and that everyone gets a fair trial and the right to represent themselves, often through legal representation such as a lawyer.

If there were no law present, people would be able to carry out “justice” themselves, and take matters into their own hands. This would have devastating consequences as there would be no fair trial, and the verdict and punishment would often be unjust and unfair. In the media file, High Court strikes down ACT gay marriage law by The Australian, it is highlighted that in order for a society to run smoothly, laws across a country must be present and consistent in order to have fair and equal opportunities.

If laws were inconsistent it would be confusing and unclear as to what the laws were in a particular area, resulting in accidental law breaking and unequal punishment. An inconsistency, or absence of law, would ultimately lead to anarchy, resulting in a society becoming unsafe and unjust. This is why it is necessary to have law present in society. JP to this point We have looked at why law is needed in order to ensure that punishment for a crime is just, and the idea that without the presence of law, society would descend into anarchy.

This essay will now look at why the law is needed for the protection of a society. Finally, law is necessary for the effective operation of a society as it ensures the protection of a population. In society there are weaker individuals and groups, including the elderly, the financially disadvantaged and children. These individuals would have no means to protect themselves if the law was not in place as they would be overruled and overpowered by stronger, more influential individuals within the community. Without the presence of law, here would be insufficient protection and safety for those who require it.

In the media file Man beat and murdered oho after argument with toddlers mother, court told, by BBC News, the importance of the protection of the law is highlighted. In this case study, a man beat a baby to death after an argument with the bays mother. This tragic event displays that the law cannot always prevent crimes being committed against the weak, however it is a deterrent and can provide justice for victims and their families. This is demonstrated through the trial of the accused to determine whether he is lilts beyond reasonable doubt and if so, his punishment.

Another media file that portrays that law is necessary for the protection of weaker individuals is the article Simon Agitating sentenced to at least 18 years for fiancee Lisa Harem’s murder, by BBC News. Domestic violence is one example of a stronger individual exerting power over a weaker individual. In this case Lisa Barnum was the weaker individual who needed protection from the law. Unfortunately, once again the law couldn’t prevent her death, however, due to the law, her murderer can be punished through the courts, providing a ensue of justice for her family.