Families of Law
Law and Society
Families of Law
Unit 3- Written Assignment
Tami Daniels
03/28/2011
Unit 3 Essay- Part Two
Name of Country: Great Britain Family of law followed: Common law
How disputes are settled: Litigation, Arbitration, and Mediation
How cases are handled: Adversary system; case law takes precedence
In this section, discuss the following:
• How would your friend’s theft be dealt with under the law in this country?
In Great Britain, the Theft Act of 1968 is an Act of the Parliament of the UK. It governs most of the general property offenses in English law. Theft is defined as a person shall be guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Any person convicted of theft is punishable by imprisonment of up to seven years. (http://www.legislation.gov.uk/ukpga/1968/60/introduction)
• What type of legal proceedings could she expect? What type of punishment might be applied?
The legal proceedings to be expected in Great Britain are similar to those of the United States. Their legal system is based on common law or stare decisis which are the principal that similar cases should be decided according to consistent principled rules so they will reach similar results (http://en.wikipedia.org/wiki/Common_law). She will be tried in a court called the "Crown Court". This court usually hears all criminal cases. It consists of one judge and maybe a jury (http://www.jura.uni-duesseldorf.de/aal/AAR/SoSe04/einf_text6.pdf). If she is convicted and found guilty of theft, she could face up to seven years in prison as a result. She may also receive a fine and/or community services.
• Identify any other factors for consideration. Would the fact that your friend is female impact her treatment under the law in this country?
The fact that she is a female has no bearing on the outcome of the court proceeding or the sentencing.
Families of Law
Unit 3- Written Assignment
Tami Daniels
03/28/2011
Unit 3 Essay- Part Two
Name of Country: Great Britain Family of law followed: Common law
How disputes are settled: Litigation, Arbitration, and Mediation
How cases are handled: Adversary system; case law takes precedence
In this section, discuss the following:
• How would your friend’s theft be dealt with under the law in this country?
In Great Britain, the Theft Act of 1968 is an Act of the Parliament of the UK. It governs most of the general property offenses in English law. Theft is defined as a person shall be guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Any person convicted of theft is punishable by imprisonment of up to seven years. (http://www.legislation.gov.uk/ukpga/1968/60/introduction)
• What type of legal proceedings could she expect? What type of punishment might be applied?
The legal proceedings to be expected in Great Britain are similar to those of the United States. Their legal system is based on common law or stare decisis which are the principal that similar cases should be decided according to consistent principled rules so they will reach similar results (http://en.wikipedia.org/wiki/Common_law). She will be tried in a court called the "Crown Court". This court usually hears all criminal cases. It consists of one judge and maybe a jury (http://www.jura.uni-duesseldorf.de/aal/AAR/SoSe04/einf_text6.pdf). If she is convicted and found guilty of theft, she could face up to seven years in prison as a result. She may also receive a fine and/or community services.
• Identify any other factors for consideration. Would the fact that your friend is female impact her treatment under the law in this country?
The fact that she is a female has no bearing on the outcome of the court proceeding or the sentencing.
References: Bluehouse, P. and J. Zion (1996). Hozhooji Naat’aanii: The Navajo Justice and Harmony Ceremony