Law

Law is the set of enforced rules under which a society is governed. Law is one of the most basic social insti­tutions—and one of the most necessary. No society could exist if all people did just as they pleased, without regard for the rights of others. Nor could a society exist if its members did not recognize that they also have cer­tain obligations toward one another. The law thus estab­lishes the rules that define a person's rights and obliga­tions. The law also sets penalties for people who violate these rules, and it states how government shall enforce the rules and penalties. However, the laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in a society's needs and atti­tudes.
In most societies, various government bodies, espe­cially police agencies and courts, see that the laws are obeyed. Because a person can be penalized for disobey­ing the law, most people agree that laws should be just. Justice is a moral standard that applies to all human con­duct, The laws enforced by government have usually had a strong moral element, and so justice has generally been one of the law's guiding principles. But govern­ments can, and sometimes do, enforce laws that many people believe to be unjust. If this belief becomes wide­spread, people may lose respect for the law and may even disobey it. But in democratic societies, the law it­self provides ways to amend or abolish unjust laws.

This article discusses the main branches of law, the world's major legal systems, and the methods that de­mocracies use to change laws. 
Branches of law 
Law can be divided into two main branches: (1) pri­vate law and (2) public law. Private law deals with the rights and obligations people have in their relations with one another. Public law concerns the rights and ob­ligations people have as members of society and as citi­zens. Both private law and public law can be subdivided into several branches. However, the various branches of public and private law are closely related, and in many cases they overlap.

Private law determines a person's legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrow­ing or lending money to buying a home or signing a job contract.

The great majority of lawyers and judges spend most of their time dealing with private law matters.-Lawyers handle most of these matters out of court. But numerous situations arise in which a judge or jury must decide if a person's private-law rights have been violated.

Private law can be divided into six major branches ac­cording to the kinds of legal rights and obligations in­volved. These branches are (1) contract and commercial law, (2) tort, (3) property law, (4) inheritance law, (5) fam­ily law, and (6) company law. The dividing line between the various branches is not always clear, however. For example, many cases of property law also involve con­tract law.

Contract and commercial law deals with the rights and obligations of people who make contracts. A con­tract is an agreement between two or more persons that can be enforced by law. A wide variety of business activ­ities depend on the use of contracts. A business firm makes contracts both with other firms, such as suppliers and transporters, and with private persons, such as cus­tomers and employees.

Tort. A tort is a wrong or injury that a person suffers because of someone else's action. The action may cause bodily harm; damage a person's property, business, or reputation; or make unauthorized use of a person's property. The victim may sue the person or persons re­sponsible. The law of tort deals with the rights and obli­gations of the persons involved in such cases. Many torts are unintentional, such as causing damage in traffic accidents. But if a tort is deliberate and involves serious harm, it may be treated as a crime.

Property law governs the ownership and use of property. Property may be real, such as land and buildings, or personal, such as a car and clothing. The law ensures a person's right to own property. However, the owner must use the property lawfully. People also have the right to sell or lease their property and to buy or rent the property of others. Property law determines the rights and obligations involved in such dealings.

Inheritance law, or succession law, concerns the transfer of property upon the death of the owner. Nearly every country has basic inheritance laws, which list the relatives or other persons who have first rights of inheritance. But in most Western nations, people may will their property to persons other than those specified by law. In such cases, inheritance law also sets the rules for the making of wills.

Family law determines the legal rights and obliga­tions of husbands and wives and of parents and chil­dren. It covers such matters as marriage, divorce, adop­tion, and child support.

Company law governs the formation and operation o business corporations or companies. It deals mainly with the powers and obligations of management and the rights of shareholders. Company law is often classes together with contract and commercial law as business law.

Public law involves government directly. It defines a person's rights and obligations in relation to govern­ment. Public law also describes the various divisions of government and their powers.

Public law can be divided into four branches: (1) crim­inal law, (21 constitutional law, (3) administrative law, and (4) international law. In many cases, the branches of pub­lic law, like those of private law, overlap. For example, a violation of administrative law may also be a violation of criminal law.

Criminal law deals with crimes—that is, actions con­sidered harmful to society. Crimes range in seriousness from disorderly conduct to murder. Criminal law de­fines these offences and sets the rules for the arrest, the possible trial, and the punishment of offenders. Law that is not criminal law is defined as civil law, although this also has another meaning, discussed later. Some crimes are also torts and the victim may sue for damages under civil law.

In the majority of countries, the central government makes most of the criminal laws. In some countries, such as Australia and the United States, each state, as well as the federal government, has its own set of crimi­nal laws. However, the criminal laws of each state must protect the rights and freedoms guaranteed by federal constitutional law.

Constitutional law. A constitution is a set of rules and principles that define the powers of a government and the rights of the people. The principles outlined in a constitution form the basis of constitutional law. The law also includes official rulings on how a constitution's principles are to be interpreted and carried out.

Most nations have a written constitution. A major ex­ception is Great Britain. The British constitution is un­written. It consists of all the documents and traditions that have contributed to Britain's form of government. In most democracies, the national constitution takes first place over all other laws.

Conflicts between a constitution and other laws are settled by constitutional law. In many countries, the courts have the power of judicial review, under which they may overturn any laws judged to be unconstitu­tional.

Administrative law centres on the operations of gov­ernment departments. Administrative law is one of the most complicated branches of law.

Governments set up many administrative depart­ments to do the work of government They deal with such matters as education, public health, and taxation. Other departments administer social welfare provisions, such as pensions and social security. In most cases, the departments are established in the executive branch of government under powers granted by the legislature. Administrative law consists chiefly of (1) the legal pow­ers granted to administrative departments by the legisla­ture and (2) the rules that the departments make to carry out their powers. Administrative law also includes court rulings in cases between the departments and private citizens.

International law deals with the relationships among nations both in war and in peace. It concerns trade, communications, boundary disputes, methods of war­fare, the uses of the ocean, and many other matters.

Laws to regulate international relations have been devel­

oped over the centuries by customs and treaties. But in­ternational law, unlike other branches of law, is difficult to enforce.

Systems of law

Every independent country has its own legal system. The systems vary according to each country's social tra­ditions and form of government. But most systems can be classed as either (1) a common-law system or (2) a civil-law system. Australia, Ireland, New Zealand, Great Britain (except Scotland), the United States, and other English-speaking countries have a common-law system. Most other countries have a civil-law system. Many countries combine features of both systems.

Common-law systems are based largely on case law —that is, on court decisions. The common-law system began in England many hundreds of years ago. The Eng­lish called their system the common law because it ap­plied throughout the land.

English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decisions on legal prec­edents— that is, on earlier court rulings in similar cases. But judges could expand precedents to make them suit particular cases. They could also overrule (reject) any precedents that they considered to be in error or out­dated. In this way, judges changed many laws over the years. The common law thus came to be law made by judges.

However, some common-law principles proved too precious to change. For example, a long line of hard- won precedents defended the rights and liberties of citi­zens against the unjust use of government power. England—and the other common-law countries—have kept these principles almost unchanged. Australia, Can­ada, New Zealand, the United States, and other coun­tries that were colonized by England based their legal systems on the common law.

Case law is still important in common-law countries. However, the lawmaking role of legislatures in these countries has increased greatly during the 1900's. The changes have dealt with such matters as employee management relations, workers' wages and hours, and environmental protection. Nevertheless, common-law countries have kept the basic feature of the English legal system, which is the power of judges to make laws. In addition, constitutional law in these countries continues the common-law tradition of defending the people's rights and liberties.

Civil-law systems are based mainly on statutes (leg­islative acts). The majority of civil-law countries have as­sembled their statutes into one or more carefully organ­ized collections called codes. Most modern law codes can be traced back to the famous code commissioned by the Roman emperor Justinian 1 in the A.D. 500's. Jus­tinian's code updated and summarized the whole of Roman law. It was called the Corpus Juris Civilis, mean­ing Body of Civil Law. For this reason, legal systems that are based on the Roman system of statute and code law are known as civil-law systems. This use of the term civil law should not be confused with its use as an alternative term for criminal law.

In civil-law countries, such as France, Germany, and Mexico, the statutes, not the courts, provide the final an­swer to any question of law. judges may refer to prece­dents in making their decisions. But they must base every decision on a particular statute and not on prece­dent alone.

Other systems. Many countries have patterned their legal system after both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, especially those that guarantee the rights and liberties of the people.

In China, where a billion people still live under Com­munist rule, the Ministry of Justice and the court system administer public, economic, and criminal laws. A pro­cedure exists for handling private law cases, but no pri­vate law has been adopted by the state. Laws must con­form to the Communist policies of China's leaders.

How laws are changed

Social conditions are continually changing, and so the law must also change or it will become outdated. Every nation changes its laws in the manner that its political system prescribes. In a dictatorship, only the top gov­ernment leaders are able to change the law. Democra­cies, however, have developed four main methods of changing the law: (1) by court decision, (2) by legislation, (3) by administrative action, and (4) by direct action of the people.

By court decision. Judges in common-law countries change laws by expanding or overruling precedents. However, a precedent can normally be overruled only by a higher court. If a government does not like the way a court has interpreted the law, it must change the law by legislation.

By legislation. Legislatures may change laws as well as make them. A legislature can change a statute by amending it; by repealing (cancelling) it; or by passing a new law on the same subject. In most countries with a written constitution, some form of legislative action is required to amend the constitution.

By administrative action. Government departments may be authorized to make, amend, repeal, or replace regulations. This is known as delegated legislation. They may also be authorized to interpret an old regulation to meet changing conditions.

By direct action of the people. Some national and many local governments give the people direct power to change the law by referendum and by initiative. In a referendum, a law or a proposed law is submitted to the voters for their approval or rejection. In an initiative, a group of citizens proposes a law, which is then ap­proved or rejected by the legislature or by referendum. Many countries have repealed their constitution one or more times and replaced it with a new one. In most such cases, the new constitution cannot take effect until it has been approved by referendum.

The development of law

Civilized societies are so complex that they could not exist without a well-developed system of law. Scholars therefore conclude that people began to formulate laws in prehistoric times, before the first civilizations arose. Prehistoric people had no system of writing, and so they left no record of their laws. The earliest laws were cus­tomary laws—that is, laws that became established by custom and were handed down orally from one genera­tion to the next.

The first civilizations and first systems of writing ap­peared between about 3500 and 3000 B.C. The invention of writing enabled people to assemble law codes. The development of written codes made the law a matter of public knowledge and so helped advance the rule of law in society. The first law codes were produced by an­cient civilizations in the Middle East

Early developments in the East. The first known law codes appeared in the ancient Middle Eastern land of Babylonia. A Babylonian king named Ur-Nammu as­sembled the earliest known code about 2100 B.C Other Babylonian rulers produced codes during the following centuries. A king named Hammurabi drew up the most complete and best known of these codes during the 1700's B.C. Hammurabi's code, like the earlier ones, con­sisted mainly of a long list of rules to settle specific types of cases. The code laid down the law for such mat­ters as the unfaithfulness of a wife, the theft of a farm an­imal, and the faulty work of a housebuilder. Many of the punishments were harsh by today's standards. For exam­ple, a son found guilty of striking his father had his hand cut off.

From about 1000 to 400 B.C, the Hebrew people of the Middle East assembled their religious and social laws into a code. The code reflected the teachings of Moses, a great Hebrew leader of the 1200's B.C, and so it is often called the Mosaic Code or the Law of Moses. The Mosaic Code stressed moral principles. It became a key part of the first books of the Hebrew Bible and later of the Christian Bible. According to the Bible, the part of the code known as the Ten Commandments was given to Moses by God. The commandments therefore have had enormous influence on the moral content of the law in Western civilization.

By about 500 B.C, the civilizations of India and China had also produced codes of law. The codes in both countries stressed the moral obligations of the law. However, except for the religious laws of the Hebrew people, the legal traditions of Eastern civilizations have had little direct influence on today's major systems of law. Many Eastern peoples, even those influenced by Western traditions, still stress the moral obligations of the law. Accused persons have little opportunity to de­fend themselves. Concern for the rights of an accused person—and for the rights of all citizens—developed mainly in Western civilization. But this development oc­curred slowly over many hundreds of years. Most schol­ars regard the ancient Greeks as the founders of both Western law and Western civilization.

The influence of ancient Greece. Unlike earlier civ­ilizations, the civilization of ancient Greece made the law a clearly human institution. Before the Greeks, most people believed that only gods and goddesses had the power to make laws. The gods and goddesses gave the laws to certain chosen leaders. These leaders passed them on to the people. Like earlier peoples, the ancient Greeks believed that gods and goddesses required human beings to obey the law. But the Greeks also be­lieved that human beings have the power to make laws—and to change them as the need arises. The Greek city-state of Athens became the chief centre of this de­velopment.

A politician named Draco drew up Athens' first law code in 621 B.C. It became famous mainly for its harsh penalties for lawbreakers. In the 590's B.C., the ruling

council of Athens authorized a high-ranking official named Solon to reform the city's legal and political sys­tem. Solon repealed most of Draco's stern laws and drew up a much fairer code in their place. Solon also made the Athenian assembly more representative and increased its lawmaking powers. In time, elected assem­blies of citizens gained more and more legislative power in Athens. The Greeks thus began another key development of Western civilization—the founding of democratic government. However, as many as a third of the people of Athens were slaves. The Athenians, like other ancient peoples, denied slaves the legal rights of citizens.

The Greeks believed strongly in the importance of law. They considered respect for the law to be the mark of the good citizen. The great Athenian philosopher and teacher Socrates became the supreme example of this belief. The court sentenced Socrates to death in 399 B.C. for teaching Athenian youths to disrespect the law. Soc­rates knew that he was innocent. But he accepted his sentence to show his respect for the law.

Ancient Roman law. Ancient law reached its peak under the Romans. Roman law included all the main branches of public and private law that exist today. In fact, the scientific classification of the law began with the Romans. The Romans designed their laws not only to govern the people of Rome but also to build and hold together a vast empire. By the early A.D. 100's, the Roman Empire included much of Europe and the Mid­dle East and most of northern Africa.

Early Roman times. The first known Roman law code, called the Laws of the Twelve Tables, was written about 450 B.C It set down the chief customary laws of the Roman people in a form that was easy to remember. For hundreds of years, Roman boys had to memorize the code as part of their schoolwork.

The principles expressed in the Twelve Tables long remained the basis of Roman law. But the Romans grad­ually amended these principles to meet changing social conditions. After 367 B.C., a high public official called a praetor made the chief amendments. Each year, the praetor issued an edict (public order) that made any nec­essary changes. After 27 B.C, the Roman emperor could make or change laws as he wished. Eventually, the whole body of Roman law became extremely complex. The task of interpreting this great mass of laws fell to a group of highly skilled lawyers called juris prudentes, a Latin term for experts in law. Since that time, the science of law has been known as jurisprudence.

For many years, Romans and non-Romans within the empire were governed under different sets of laws. Roman citizens were governed under the jus civile (civil law). The Romans developed a special set of laws, called the jus gentium (law of the nations), to rule the peoples they conquered. They based these laws on principles of justice that they believed applied to all people. Such principles are known as natural law.

However, neither the jus civile nor the jus gentium granted any legal rights to slaves. Under Roman law, only Roman citizens could own property, make con­tracts and wills, and sue for damages. Slaves were not citizens, and so they had none of these rights. As the Ro­mans developed the idea of natural law, however, they recognized that slaves had human rights that should be respected. Roman law thus began to require that slaves be treated fairly and decently.

Late Roman times. The belief in natural law also led to the idea that non-Romans within the empire should have the same rights as citizens. In A.D. 212, the Romans granted Roman citizenship to most of the peoples they had conquered, except slaves. The jus civile then be­came the law of the entire empire.

However, the principles of natural law set down in the jus gentium remained part of Roman law. These principles were important to future generations be­cause they led to the belief in equal rights for all citi­zens. But hundreds of years passed before people fully developed the principles of equality that were outlined by the Romans. Once the principles had been devel­oped, they contributed to the building of democratic governments in Australia, France, New Zealand, the United Kingdom, the United States, and many other countries.

Beginning with Julius Caesar, a long line of Roman rulers had tried to organize all the empire's laws into an orderly code. Emperor Justinian I finally completed this task. Justinian's code, the famous Corpus Juris Civilis (Body of Civil Law), went into effect in 533 and 534. It covered the whole field of law so completely and so skilfully that it later became the model for the first mod­ern law codes. Even today, the codes of most civil-law countries are based on Roman law.

The Middle Ages. In 395, the Roman Empire split into two parts—the West Roman Empire and the East Roman, or Byzantine, Empire. The West Roman Empire, which had its capital in Rome, fell to invading Germanic tribes in the late 400's. The empire's fall marked the start of the 1,000-year period known as the Middle Ages. The East Roman Empire, which had its capital in Constanti­nople (now Instanbul), escaped the invasions. In 527, Jus­tinian I became the ruler of the eastern empire, and his great code of Roman law was mainly enforced there. In Western Europe, most of the legal and cultural institu­tions developed by the Romans gradually died out.

However, Roman law survived in the West as the basis for canon law— the legal system developed by the Roman Catholic Church. Most Europeans during the Middle Ages were Catholics, and so canon law had a powerful influence on their lives.

The Germanic tribes that overthrew the West Roman Empire had their own law codes, which they introduced into the regions they conquered. But these codes were undeveloped compared with Roman law. They con­sisted chiefly of long lists of fines for specific offences, such as stealing a neighbour's ox or dog.

By the 800s, Europeans had developed a political and military system known as feudalism. Under feudalism, people owed allegiance to individual lords rather than to a central government. A lord enforced the law in his territory and granted protection to the people who served in his armies and who lived and worked on his land. The legal system of the Middle Ages was largely based on this relationship between lords and the peo­ple who depended on them.

In particular, feudal law spelled out the duties that people owed to their lord. But a lord could not demand more than the law allowed. The people thus had a right to refuse any demands by their lord that went beyond

the limits of the law. Europeans later used this principle to resist monarchs who claimed too much power. The principle thus played an important role in the struggle for democracy in Europe.

Feudal law remained the basic law in western Europe until about 1300. By then, western Europeans had begun to establish improved legal systems. However, this de­velopment differed greatly between the countries of mainland Europe and the British Isles.

Developments in mainland Europe. The economy of western Europe began to grow rapidly during the 1000's. As commerce and industry increased, they cre­ated a need for a set of laws that was more complex and varied than feudal law. Scholars believed that ancient Roman law could meet this need. Beginning about 1100, the University of Bologna in northern Italy trained law students from many parts of Europe in the principles of the Corpus Juris Civilis. Interest in the code soon spread to other European universities. Roman law thus gradu­ally began to replace feudal law throughout mainland Europe.

Developments in Britain. England already had a strong, unified legal system by the 1200's, when Roman law was beginning to spread across Europe.

England's legal system had grown out of the country's courts. English courts had long based their decisions on the customs of the English people. But customs varied from district to district. As a result, similar cases were often judged differently in different districts. In the early 1100's, however, strong English kings began to set up a nationwide system of royal courts. In this way, the courts soon established a body of common taw— that is, law which applied equally anywhere in England. Judges could change the law but any change applied in all com­mon-law courts.

As English common law developed, it established many precedents that limited the powers of government and protected the rights of the people. These prece­dents made all the people, including the monarch, sub­ject to the law.

Alongside the common law, there also developed in England a separate system of justice, known as Equity. In the Middle Ages, people who could not obtain a rem­edy at common law turned to the lord chancellor for as­sistance. The lord chancellor, and later his assistants in the Court of Chancery, based their decisions on the principles of equity (moral justice). In time, these princi­ples became fixed rules. The rules of equity are still sep­arate from the rules of common law. See Equity.

The English legal system is the basis of United King­dom law, except for Scotland. Scottish law is based on a combination of Roman law and feudal custom. When Ireland became a republic it continued to use a system similar to the English system. See United Kingdom,

Legal systems of the.

The first modern law codes. Roman law had been adopted throughout most of Europe by the end of the 1500's. But only England had a monarchy strong enough to establish a unified legal system. In other countries, law codes were drawn up and enforced mainly by local governments. These local codes differed greatly from one part of a country to another. Beginning in the 1500's, many European monarchs set out to form strong central governments. To help achieve this goal, they began to assemble the assorted local codes of their countries into national codes—a development called the codification movement.

The codification movement reached its peak under the French ruler Napoleon Bonaparte. In 1800, Napoleon appointed a committee of legal scholars to turn the whole of French private law into a compact, well- reasoned code. The new code, called the Code Civil or Code Napoleon, was a skilful blend of Roman law,

French customs, and democratic philosophy. It went into effect in 1804 and has remained France's basic code of private law ever since. It has also been a model for the private-law codes of most civil-law countries. Thus, Roman law, as contained in the Code Napoleon, still in­fluences people's lives.

English law in the colonies. When English settlers colonized countries, for example, the United States, Australia and parts of Africa, they continued to use Eng­lish law. Many leaders in the colonies were lawyers who had been trained in the common law. These men were especially dedicated to the common-law principles that put the rights of the people above the will of a monarch. Therefore, when a country became independent the common law was a driving force behind the writing of the new country's constitution.

However, newly independent countries adopted the basic ideas, but not the whole body of English common law. Many parts of the common law were impractical for new, rapidly expanding nations. English property law was particularly unsuited in the United States, for in­stance. Land was scarce in England, and so the law heav­ily restricted the transfer of land from one owner to an­other. But much of the land in the United States was unsettled and the nation was constantly expanding its frontiers. To ensure the nation's growth, people had to be free to buy and sell land. American property law therefore began to stress the rights and obligations in­volved in land transfers. The English laws that restricted such transfers were discarded.

The legal systems of Australia, Canada (apart from Quebec), India, Malaysia, New Zealand, and the United States (apart from Louisiana), as well as many African and Caribbean nations, are all based on the English sys­tem, but have developed in different ways according to the needs and customs of each country. See Australia, Legal system of.

Related articles. See the Government section of the various country articles. See also the following articles:

Other related articles

Maritime law

Martial law

Parliamentary procedure

Public opinion

Outline

Inquest

Judgment

Jury

Mandamus

Minor

Law enforcement

(See the following articles Court; Crime; and Police.)

History

Code Napoleon

Draco

Feudalism

Hammurabi

Inns of Court

Justinian Code

Lycurgus

Moses

Plato

Solon

Ten Commandments

Trial by combat

Laws of the Twelve Tables

Constitutional Law

Bill of rights

Citizenship

Civil rights

Constitution

Magna Carta

Petition of Right

Administrative law

See the following articles and their lists of Related articles: Local government; Taxation.

International law

See International law and its list of Related articles.

Lawmaking

Code

Common law

House of Commons

House of Lords

Legislature

Lobbying

Parliament

Repeal

Veto

Legal procedures and terms

Affidavit

Appeal

Bail

Brief

Confession

Deposition

Equity

Evidence

Habeas corpus

Indictment

Injunction

Outlines

Branches of law

Private law

Public law

Systems of law

Common-law systems

Civil-law systems

Other systems

How laws are changed

By court decision

By legislation

By administrative action

By direct action of the people

The development of law

Law, John (1671-1729), a Scottish financier and gam­bler, tried to revive the French economy by opening a bank in 1716 to issue paper money. His plans also in­cluded land speculation and trade in the American state of Louisiana, which became famous as the Mississippi Scheme.

Law was born in Edinburgh. In 1694, he killed a man in a duel, and was arrested and sentenced to death. He escaped from prison and fled to the Dutch city of Am­sterdam, where he studied the operations of the Bank of Amsterdam. He then accumulated a large fortune through gambling.

Law opened a bank in France in 1716. The paper money issued by the bank soon became readily accepta­ble. In 1717, Law established a company which soon mo­nopolized trade with nearly all French possessions. In 1718, the bank became the Royal Bank.

Law's bank issued excessive quantities of paper money. Much of it was used to speculate in stock issued by his trading company. Speculators soon demanded gold for their paper money. The whole project col­lapsed, leaving thousands of people bankrupt in the panic that followed (see Mississippi Scheme).

Law enforcement, Arrest, Trial and Imprisonment

Law enforcement is the means by which a country or community maintains order. The enforcement of law, both civil and criminal, by government agencies enables society to live safely and in peace.

Civil law, which includes family and company legisla­tion, deals with conflicts between corporations or pri­vate individuals. Contractual disagreements, property disputes, and personal injury claims are usually settled in local or county courts. Larger or more complicated cases are taken for trial before a senior judge in the high court.

Criminal law deals with activities that are considered a danger to society. Defendants (people charged with crimes) must be told the nature of the alleged offence. They must be given an open trial, and be allowed to call evidence on their own behalf. Trials are usually open to the public. However, some trials dealing with offences against young children, or involving state secrets, are held in camera (in private).

Arrest. The police have the power to arrest anyone whom they have reasonable cause to feel is committing, or has recently committed, a crime. If they wish to search a suspect's home or business premises for evi­dence, they must first obtain a search warrant. Once a defendant has been arrested, he or she may be held in custody (prison) or released on bail. The defendant must be brought before a court on the next working day. A defendant who has been held in custody may apply to the court to be released on bail until the next court ap­pointment.

Trial. In countries such as Australia, India, Ireland, and the United Kingdom, which have the common law system of justice, most minor criminal cases are dealt with in the local magistrates court. Magistrates may be stipendiary (professional lawyers who hear the case on their own) or lay (private citizens without legal training who sit as a group).

Lawless, Theodore Kenneth 117

Defendants accused of serious offences will be tried by a judge, sitting with a jury. The defendant first ap­pears before a junior court to establish that there is a case to answer. This is usually a formality. But the entire evidence may be presented in the junior court at the de­fendants request. Once the junior court has established that there is sufficient evidence to warrant a trial, the de­fendant is remanded in custody or on bail, until his case can be presented before the judge. A defendant who is not satisfied with a judge's interpretation of the law may appeal to have the case heard again before a more sen­ior judge, or before a panel of judges, in a higher court.

Imprisonment. Most criminal laws specify the long­est and shortest prison term to which an offender may be sentenced. The judge decides the exact length of the sentence, depending on what he or she feels will best serve both the offender and society. Prison terms are meant to punish offenders, reform criminals, remove dangerous offenders from society, and show possible future lawbreakers the penalties for crime.

If the judge believes a prison term would not help an offender, the individual may be sentenced to a period of probation. A lawbreaker who is on probation remains free, but a probation officer assigned by the court may check on the individual's activities. An offender who vio­lates the rules of the probation may be imprisoned.

Related articles: Arrest, Bail, Civil law, Court, Hypnotism (Uses of hypnotism), Interpol, Jury, Indictment, Law, Parole, Plea bargaining, Police, Prison, Sentence, Trial, Warrant.