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
Interestingly the Indian Legislature and Judiciary have not conceptualised a clear cut definition of who can actually be categorised as a victim of crime. In this regard, reliance can be placed upon the United Nations General Assembly Declaration of Basic Principles of Justice of Victim and Abuse of Power which through Articles 1 & 2 give exhaustive definition of this phase. The role of a victim in criminal proceedings should be perceived as a balancing act since it involves the consideration of
Every criminal offence leads to the production of victims, who generally act as a mere information holder or witnesses who create a pathway and helps the courts and state to punish the offenders under a criminal trial. The main intent of the criminal judiciary system is to provide redressal to the victims and solution to the issues which concerns them the most. But however the history is quite evident that the redressal of victimization of these victims or any kind of support required by the victims
JUSTICE DELAYED IS JUSTICE DENIED BUT IS JUSTICE HURRIED IS JUSTICE BURIED? The two judicial phrases written above are in contradiction to each other but when they are brought to strict interpretation they highlight out the infirmities present in the legal system of our country. If we follow the first phrase ‘Justice Delayed is Justice Denied’ we will ensure speedy trial and quick relief delivery to the victim in a case, the other phrase ‘Justice Hurried is Justice Buried’ when followed will make
legal experts described it as some lazy form of prosecution which results in undue leniency to offenders. Plea bargain is basically a short route to justice wherein prosecutor and the defendant decide for disposition of any criminal case with mutual satisfaction on approval of court. This paper shall
Captain George Kendall in the Jamestown Colony of Virginia in 1608. Minor offenses like stealing grapes, killing chickens, and trading with Indians can get you in the Death Penalty. In 1612 by Virginia Governor Sir Thomas Dale. This then follows the making of the United States Constitution in 1789. The U.S. was influenced of England's adoption
In order to understand the effect of crime in the society, it is important to analyze the various social-structures forces that influence criminals to commit a crime. One of the social-structures forces that the influences criminality is opportunity. In Radical criminology, the generic concept of opportunity is perceived to be a major factor influencing criminal activities because an individual cannot steal something that is non-existence (Lynch, 2000). Therefore, the presence of an item to steal
flawed our criminal justice system is in the United states. Unfortunately United States is the world leader with over 2 million inmates in jails and prisons. Blacks and Hispanics have a higher chance of being convicted once arrested and serve a longer period of time. Bribery, racial bias, ignorance have a big role in influencing law enforcements, judges, juries and prosecutors to cloud their judgements. Almost 9% of African American males under the age of 20s are behind bars. The criminal justice system
victimization amongst juveniles who are minorities, than White juveniles. Since the 18th century to present time, evidence prove strategic divide against juveniles of color. Regardless of negative perceptions toward juvenile delinquents, the United States justice system must be nondiscriminatory, providing equal treatment in order to be effective. It is important to consider how juvenile are affected socially and psychologically. Systematic racism toward juveniles of color may be the cause of maltreatment and
[2002 Indlaw SC 145, (2002) 3 SCC 343, AIR 2002 SC 1375] CORAM - R.P. Sethi, G.B. Pattanaik, J.J. JURISDICTION – The power of the Supreme Court to take case suo moto and to punish for its own contempt has been granted by Article 129 of the Indian Constitution. FACTS IN ISSUE The facts of the case, which are not seriously disputed, are that an organisation, namely, Narmada Bachao Andolan filed a petition u/Art. 32 of the Constitution of India being Writ Petition No. 319 of 1994 in this Court