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
to life and liberty of the person. The concept of fair trial is based on the basic principles of natural justice. The form and practice of the principles of natural justice may vary from system to system on the basis of prevailing
Introduction In the administration of criminal justice, the presumption of innocence is widely identified as a fundamental human right. It tilts the scales of justice towards the favour of the defendant by compelling the prosecution to establish guilt to a high degree of certainty. However, a subsequent result is an increased probability of the guilty escaping imprisonment due to an increased difficulty to secure such a conviction. There is a clear, ever-present tension between protecting the rights
others to edit at the same time. NO THANKSUSE THE APP essay How do the Rule of law and Due process support the concept of justice? The Criminal Justice System consists of processes and procedures intend to manage and respond to crime in our society. (Antonacci, 2013) Some of the 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
In 2005, Mario Celaire was convicted of murder of his ex-girlfriend, after being acquitted of the same charge three years prior. The victim’s mother described it as “a victory for everyone who feels that they have been let down by the justice system.” This would not have been possible if not for the abolishment of double jeopardy by the UK government. In my speech I will be addressing two main questions: why we must abolish double jeopardy and how we will do this. The UK government passed laws in
4. Prison Justice System ‘Prisonization symbolizes a system of punishment and also a sort of institutional placement of under trails and suspects during the period of trial. One cannot think of a society without crime and criminals, thus, the institution of prison is obligatory for every country31.The Prison Statistics of India shows , a total of 1,391 prisons across the country, as on 31 st December, 2013 have 4, 11,992 prison inmates against authorized capacity of 3, 47,859, which amounts to
In Harper Lee’s novel, ‘To Kill a Mockingbird’, the themes play a fundamental role. The most important theme is the exploration of the moral nature of human beings, essentially whether people are good or evil. The importance of this theme is reflected throughout the entire story as it follows the transition of Scout and Jem’s innocent childhood perspective on the presence of good and evil in their lives to a more adult perspective. Scout and Jem initially assume that all people are good, as they
and justice for those accused. For the fate of the wrongfully accused, there is no place for mistakes by anyone involved with the investigation. When there is a wrongfully accused person in prison, then reform to our criminal justice system should be of utmost importance to all involved. When the wrong person is convicted and imprisoned, the actual perpetrator is at liberty to rape and murder again. People wrongly convicted of crimes are supposed to be protected by the American Criminal Justice
Effects of Innovation & Inventions in Criminal Law Introduction The last past decade was the most innovative decade till now. New technological inventions have been developed to stop crime and for the better performance of the police but we know little about how and why certain inventions are adopted and the consequences are both intended and unintended of technology which drives solutions from the problem of crime. This article gives an examination of a wide range of new technological inventions
To be sure, in the 1959 case, Bartkus v. Illinois, Justice Black commenting on the principle underlying double jeopardy wrote that it “is one of the oldest ideas in western civilization” (Bartkus v. Illinois, 1959). Whatever, its origins, the principle of double jeopardy made its way into English legal practice