The impact of human rights on bail Article 5 of the European Convention on Human Rights provides the right to liberty and security, subject only to lawful arrest or detention under certain other circumstances, such as arrest on suspicion of a crime or imprisonment in fulfillment of a sentence. The article also provides the right to be informed in a language one understands of the reasons for the arrest and any charge against them, the right of prompt access to legal representation to determine the legality of one 's arrest or detention and to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention. Failure to do so would be in violation of this article and create a possibility
The court has the responsibly of determining the innocence and/or guilt of any suspect during a judicial proceeding whether criminal, civil, and/or both. The suspect while involved in this component is identified as being a defendant, and will be afforded the opportunity to defend themselves against the charges brought against them as they obtained evidence is presented by the prosecution. Based upon the verdict of the court, the defendant will be either found guilty or not guilty of the alleged offense. If the defendant is found guilty of the charges(s), they will receive a sentence issued by the presiding judge who will determine the appropriate punishment established by both the state law and statute for the offense. After the punishment is imposed, the defendant is then remanded into the custody of the sheriff/corrections to carry out the
When a person goes to jail, their first thought is probably about how to get out of a jail. Usually, you post bail to escape the confines of jail. A bail is a bond that is usually obtained through a bail bond company. The company lends the money, usually with collateral and good faith, to help the jailed person get out. While the process of obtaining a bail bond is easy, it may not be in your best interest.
This, together with the routine new additions, literally clogs the system. In many cases, prisoners who are facing charges of grave, professional, violent crimes are outnumbered by others like suspected drug offenders, ticketless travellers, Railway alarm – chain pullers, and a variety of others who have technically violated law. Many of them are in jail only because they could not pay the fines imposed on them by courts. In some cases, prisoners prefer to continue in jail because they just cannot afford even a single meal a day outside! Then there are prisoners who prefer to spend a couple of months in jail then to pay "maintenance" to their wives as ordered by courts.
Implementing Restorative Justice Proposal: for the purposes of considering another course of action to court sentencing of juveniles indicted with criminal acts. I. Inadequacies and deficiencies with the present justice system A. Justice Goals are based on Retributive model as opposed to Restorative 1. Trend to sentencing 2. Lack of Offender accountability 3.
The US faces a very big and real problem that affects mainly repeat criminal offenders. Bail, which is a sum of money paid to a court to guarantee an appearance in court is very often set too high and does not consider current financial circumstances to the fullest. Infact, in New York City alone, one in ten defendants are unable to pay for bail at their arraignment (nytimes). Kenneth Humphrey, a retired 64 year old who had prior substance abuse and multiple felonies, followed a disabled man into his home and threatened him and demanded money, of which he got five dollars and a bottle of cologne (nytimes). His bail was set at three hundred and fifty thousand dollars, and being a retired shipyard worker, his retirement could not pay out.
In our nation, when you are accused of a crime you go to jail. At the jail, you are given an amount of money you have to pay to get out of prison at your hearing, this is called a Bond. Bonds ensure that you go to court. If you pay all of the bond money up front and then go to court like you should, you get all of your money back. But people don’t usually have thousands of dollars to pay for Bonds.
Assignment Question) Explain Bailment by quoting an appropriate example and discuss the Essentials/Features of Bailment vis-à-vis the quoted example? Answer: - In the contract of bailment there are two parties, one is known as the ‘bailer’ and another is known as the ‘bailee’. The bailer is a person who delivers the goods and the bailee is a person to whom the goods are delivered. So in the contract of Bailment the bailer delivers the goods to the bailey for particular purpose or for particular time. In the contract of Bailment it arises by delivery of the goods which goes to the bailey is a temporarily position.
Every research is bounded with limitation. There are a few of limitations identified in this study. First, a small number of male participants get involved in this study. This happened due to the lack of desire to participate in the colouring activity that seemed childish to them. Secondly, the limitation of the study include language barrier between the researcher and the participants.