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Words: | Submitted: Mon Jun 19 2006
... law promotes. Whilst there is clear merit in the argument that different tiers of justice exist3, it is generalist to argue it is the result of an insidious state ideology. Communication difficulties, unrepresented defendants, and uncompromising police were all prevalent. The local court magistrates did provide a glimmer of hope, they were for the most part quite prepared to step outside the formalistic model and facilitate a more egalitarian process. The Realities of a Two Tier System - Personal Evaluation It was instructive to view proceedings in the local courts against the background of what had occurred in the higher courts. McBarnet has persuasively argued that the modern legal system is characterised by a dichotomy in the way that justice and rationality operate in the higher and lower courts.4 This provided the conceptual framework for an examination of lower court proceedings. One of the central convictions of McBarnet's argument is that ...
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