These racial stereotypes bring with them issues regarding the concept of police discretion that was very well demonstrated in one of the observed trials. Police officers need to deal with infinite possible situations on any given day, so every officer has the responsibility to use their discretion to have every situation end in the best possible way. Because of the infinite number of possible situations, there cannot be descriptive protocols for every circumstance as people and social environments
The laws of criminal procedure attempt to balance the rights of the accused against those of the state. It is important that the correct balance is struck between the two opposing sides in order for a fair trial. If the accused is denied a fair trial then this would breach Article 6 of the European Convention on Human Rights (ECHR) and potentially decrease the accuracy of the case. I shall examine different aspects of the criminal process in Scotland and discuss whether the system is balanced or
Concept of Fair Trial: A Comparative Study with USA and UK Law of Crimes 2 Project Contents Introduction 3 Introduction The right to a fair trial is a norm of international human rights law and also adopted by many countries in their procedural law. It is designed to protect individuals from the unlawful and arbitrary curtailment or deprivation of their basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. The concept of fair trial is based
the United States that end successfully do not end with a jury trial, but with plea bargains. An arrangement amongst a defendant and a prosecutor where the defendant settles to plead guilty to any of the charges against them in trade of reductions from the prosecutors is known as a plea bargain. The settlement between a prosecutor and the defendant permits more time and funds for other cases, in order to lessen the amount of trials judges are required to oversee. After immigration agents found
town. What makes the Tom Robinson an injustice trial is that Tom robinson is a black man, with the jury being made up of white people and the verdict has already been made up before they enter the courtroom as of their strong belief against black men. “Miss Maudie, can’t serve on the jury because she’s a woman,” this shows social discrimination and unjustness in the jury system and proves that the trial is not fair, and Tom is not being given a fair say. Rapid dialogue and motif is used by Lee in
important functions of a just system includes, preventing crimes, enforcing laws and prosecuting criminal cases. The system achieves these functions by engaging in the Rule of Law and Due Process. The Rule of Law is a written procedure that supports a fair and just society. This means that people’s rights are respected and protected. It also commands the governments to practice their power in accordance
Amendment I - In my own words Congress can not make a law respecting or endorsing a religion, or prohibit the exercise of any religion. Congress can also not make any law depriving anyone of their freedom of speech, press, and journalism, ability to assemble peacefully and to protest the government. Analyzation - In the first amendment, there is a given right of freedom of speech, meaning Congress can not make a law that lessens your rights to speak freely and also your ability to report on government
outcome of criminal slave trials in the American South was whose interests were being protected. This factor is crucial because it links back to the other determinants of the trial outcomes, e.g. the influence exerted in the court based on the magistrates’ prior stance, the perceived aftermath of the criminal slave trials and the backlash some interests groups might have created with certain outcomes of the trials. ‘The fact that slaveholders could influence these trials meant that they were eager
jeopardy, and it also emphasized the importance of social justice and fairness. Clarence Gideon was accused of robbing a pool room of coins, alcohol and cigarettes. He was taken to court and sentenced to five years in prison. He then went on to argue that his case was unfair due to the fact that it lacked the rule of due process. The movie was an ongoing argument about whether Gideon's first trial was a fair one. In the beginning of the movie Gideon was brought to trial and denied a lawyer because he
deciding if you are innocent or guilty of a crime. Where do you think the rights you have came from? Why do you think you have certain rights during a trial? You have these rights in court and in your everyday life because of the fifth amendment. This amendment outlines the rights of the people for their property and for those who may be on trial or charged with a crime. The fifth amendment had an extremely important meaning and purpose as well as a long and enduring impact to the United States of