Question The people that were involved in this

Question 1

 

Part 1

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Court Cases:

 

Case 1: Double
Murder

 

The double murder took place in the
Central Criminal Court in room 6 in the Criminal Court of Justice. The people
who were involved in this case where the Judge McCarthy, Prosecute, defence
attorney, defendant and witnesses.

 

Jason O’Driscoll was arrested for the
murder of two thieves that happened five ½ years ago in Newry, Louth and left
the bodies of the victims in a car and set it on fire. The trail is in its
fourth week and looks to be going on for another three to four weeks until they
come to a verdict. Issues that was involved in this were that the case was
brought back to one clock when it was supposed to begin at eleven because

 

Case 2: Theft
& Fraud Offences

 

Case two took place in the District Court
in room three. The people that were involved in this case were the judge,
Gardaí, barrister, defence and defendant. The defendant had eight previous
convictions. The defendant was given 4 months prison sentence and a 12-month
warning if he is caught doing something illegal.

 

Part 2

 

A sentencing report that I viewed was on a
man who was driving his car with an insurance on it. The charge of this case is
3 section 56.40-day ban. The defendant was injured with a broken leg and wanted
to push the case back to a week but was refused by the judge. He was trailed
with a custodial sentence to no challenge and was sentenced to prison for six
months.

 

Part 3

 

Two conditions that are attached to
granting a bail application is you give the Gardaí your passport and you must
sign in with the Gardaí every day or weekday at the same time or you will be
arrested for not attending.

 

Part 4

 

The Judge:

 

The Judges in Ireland are public officers
who are appointed by the President acting on the advice of the Government to
decide cases in a law court. The judge in an Irish courtroom usually sits on a
raised platform at the top of the court and wears white collars and a black
gown. If there is no jury in a case, it is the judge job to decide who will win
or lose in the case.

They listen to the evidence of both sides
and to the submissions of the barristers or solicitors. The judge can ask
questions to any witnesses and to the barristers or solicitors. They also give
the judgement in the case at the end of the trial or reserve the judgement.
When a judgement is reserved, the judge will take time to consider the case and
give the final judgement at a later time.

 

If there is a jury in the case, it is the
jury that decides the outcome of the case. The judge provides guidance to the
jury and makes sure that the trial is run properly. The jury in a criminal
trial has the very important function of deciding whether the person accused of
a crime is guilty or not guilty.

 

Website

ROLE OF THE JUDGE

In-text: (Citizensinformation.ie, 2017)

Your Bibliography: Citizensinformation.ie.
(2017). Role of the judge. online Available at:
http://www.citizensinformation.ie/en/justice/courtroom/judge.html Accessed 14
Dec. 2017.

 

The Court
Registrar:

 

Court Registrars are public servants and
they are recruited directly from the civil service. They usually sit on a
slightly raised platform below the judge facing the court. They do not wear any
special clothes in court, although sometimes in the High Court if the Registrar
happens to also be a barrister, they will wear barrister’s robes.

 

The Registrar’s
main function is to assist the judge:

 

–       
The
Registrar has a list of all the cases before the court for the day. They call
out each case in turn so that the parties can identify themselves to the court.

 

–       
When
a witness is called in a case, it is the Registrar who hands the witness the
Bible and reads out the oath for the witness to repeat.

 

–       
The
Registrar keeps the court documents (writs, etc.) for each case and hands them
to the judge as each case is called.

 

–       
When
the court makes an order, the Registrar keeps a note of the order.

 

–       
After
the day in court, the Registrar drafts the orders that the judge has made that
day and keeps a record of those orders.

 

–       
The
Registrar generally deals with the administration necessary for the smooth running
of the courts.

 

COURT REGISTRAR

In-text: (Citizensinformation.ie, 2017)

Your Bibliography: Citizensinformation.ie.
(2017). Court Registrar. online Available at:
http://www.citizensinformation.ie/en/justice/courtroom/court_registrar.html
Accessed 14 Dec. 2017.

 

The Gardaí:

 

The role of the Garda is to give evidence
against the defendant and to tell a story to the jury of how a crime was committed.

 

The Solicitors:

 

A solicitor is a legal practitioner who
traditionally deals with most of the legal matters in some jurisdictions.

 

Barristers:

 

A barrister (also called counsel) is a
type of lawyer who specialises in court advocacy and the giving of legal
opinion.

 

Website

BARRISTERS

In-text: (Citizensinformation.ie, 2017)

Your Bibliography: Citizensinformation.ie.
(2017). Barristers. online Available at:
http://www.citizensinformation.ie/en/justice/courtroom/barristers.html
Accessed 14 Dec. 2017.

 

Part 5

 

Yes, I did find the court visit very
interesting. It was my first time to go inside the Criminal of Justice building
which was huge and had a brilliant structure to it. We got to do a mock trail
which was brilliant and quite funny. The two cases that I attended were very
interesting to listen to, but the murder case did drag on for a few hours than
I liked, and it was quite boring to sit there listening to evidence the court
has already heard before. The court does change your perspective on what a
court looks like when your actually there then watching Judge Judy on tv.

 

Question 2

 

Part 1

 

Prosecution: the institution and
conducting of legal proceedings against someone in respect of a criminal
charge. To convict my clients of murder I will need all the testaments of the
witnesses that were there at the scene of the crime and around it. If there are
any CCTV cameras in the area where the crime scene happened and of the disco
than I can use the footage as evidence. I will also need a copy of the medical
report of Robert and another evidence will helpful in court

Part 2

 

Murder: Murder is unlawful premeditated (already
planned) killing of one human being by another. A murder is planned by someone.

 

Manslaughter: Manslaughter is a crime of
killing a human being without mens rea, or in situations not amounting to
murder. It happens on accident if a person is being threatened and must use
force.

 

Part 3

A possible defence that my clients could
have used in court is self-defence as they were only trying to defend
themselves in the fight which Robert started. Robert was the first one to push
Paddy to the ground. Robert was going to attack Paddy again as he was getting
up off the ground this is where Sean steps in to help his friend and keep him
safe. Sean was only protecting his friend from a guy who looking for a fight.

 

Part 4

 

The jury should at both sides of the story
and listen to all the testimonies from the defendants and witnesses to help
them to come to a verdict. By showing the jury and judge on how my clients were
only protecting them from a guy who was looking for a fight even due both
parties did shout words at each other, Robert was the first one to attack
them.  

 

Part 5

 

Sentencing of
Murder:
The sentencing for murder is life in imprisonment.

 

Sentencing of
Manslaughter:
The sentencing for manslaughter is also life in imprisonment.

 

Part 6

 

My advice to my clients to plead not
guilty to the charges of killing Robert since they didn’t intend to kill him.
They didn’t go around plotting a murder in their heads.

 

Bibliography:

 

https://www.irishtimes.com/news/crime-and-law/courts/criminal-court/dublin-man-pleads-not-guilty-to-double-murder-of-criminals-in-louth-1.3260763

 

https://www.thesun.ie/news/1681864/dublin-man-accused-of-louth-double-murder-in-2012-declares-innocence-to-central-criminal-court/

 

http://www.citizensinformation.ie/en/justice/courtroom/court_registrar.html

 

http://www.citizensinformation.ie/en/justice/courtroom/barristers.html

 

http://www.citizensinformation.ie/en/justice/courtroom/judge.html