https://padlet.com/hanniharkonen/ovshddwtkrt6 en-us 2018-03-08 09:15:08 UTC 2018-03-13 08:43:29 UTC hello@padlet.com hanniharkonen https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239552886 Matti Kinnunen  (30-years-old) has committed a murder in Joensuu, Finland. Matti owed a great amount of money to his colleague, Kalle Niemelä, who had threatened Matti several times to pay his dept. Therefore, Matti decided to kill Kalle. On the 26th of February 2018 they were drinking beer together in Kalle's home. When Kalle was under influence Matti hit him with a beer bottle causing his death. Kalle's neighbor Arja Könönen heard the noises of the fight. Later on Matti went home, booked a flight to Sydney and next morning fled from Finland to Australia. Unfortunately, he did not reform and  committed another murder in Sydney. On his arrival day, the 28th of February, Matti rented a car. He drove too fast, and a police officer made him stop the car. When the officer was about to fine him for speeding, restarted Matti his car and ran over the police man. Despite of his flight from the scene of the crime Matti was finally caught and arrested by the Australian authorities. ]]> 2018-03-08 09:20:39 UTC https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239552886 kristiinaturunen1 https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239553248 Civil law - Finland
1. The offence is reported to the police by Kalle's neighbor Arja Könönen, who went the next day of the fight to check the situation and found nobody to open the door.
2. The pre-trial investigation: the police gather information about the offence. They investigate Kalle's apartment and interview Arja 
3. The case proceeds to the public prosecutor who makes the consideration of charges.
4. The prosecutor decides to prosecute Matti, because there is enough evidence 
5. The trial takes place in the District court of Northern Karelia
6. Prosecutor presents the evidence and the charges. Matti is a defendant and he has an attorney. Attorney defends Matti and presents counterclaims.
7. Matti is heard as a defendant
8. Arja is heard as a witness
9. The judge considers the consequences. The judgement is that Matti is guilty of a murder and he is sentenced to six years imprisonment.]]> 2018-03-08 09:21:45 UTC https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239553248 kristiinaturunen1 https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239553330 Common law - Australia
1. The New South Wales police starts their investigation and Matti is eventually charged with murder.
2. The investigators hand the case to the prosecutor, who decides that the case can proceed to the Local Court of New South Wales.
3. However, as the crime was of such a serious nature, the local court conducts a committal hearing, after which the case proceeds to the Supreme Court of New South Wales.
6. Matti acquires an attorney for the trial, that starts by Matti pleading not guilty, which causes the trial to be moved forward (if Matti had plead guilty, there would be no jury trial).
7. At first, the prosecution presents its case followed by the defence case.
8. Matti and witnesses are heard. The role of the attorney is to test the prosecution case by questioning the witnesses, to put forward the defence case, and to make submissions to the court on why the person should not be convicted .
9. The role of the judge is to lead the trial and to rule on questions of law. At the end of the trial the judge summarises the facts of the case for the jury. 
9. The jury retires to consider its verdict and delivers a verdict of guilty.
10. Lastly, the judge considers the facts of the case and after coming to a conclusion, gives Matti his sentence.]]> 2018-03-08 09:22:04 UTC https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239553330 hanniharkonen https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239559462 Magistrate = presides over matters in Local Courts and Children's Courts + committal hearings in serious crimes
Committal hearing = a preliminary inquiry by a magistrate to decide if there is enough evidence for a case to go to trial]]> 2018-03-08 09:39:14 UTC https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239559462 hanniharkonen https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239559514 -  In civil law countries, judges take the lead in the proceedings by bringing charges and establishing facts through witness examination.
- In civil law countries  the lawyer's role is to advise a client on legal proceedings.
-  Lawyers have a less central role than in common law system.
- In cases of civil law, the opinion of the jury may not have to be unanimous. Juries are present in criminal cases.
- In Common law a jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict.
- In Common law system active lawyering and oral argument in court is important.
- The decisions of judges are always binding in common law countries. In common law countries Matti's conviction depends on the previous judgements = precedent 

]]> 2018-03-08 09:39:25 UTC https://padlet.com/hanniharkonen/ovshddwtkrt6/wish/239559514