Criminal Procedure Assignment
Reasonableness or fairness is a related concept. So too is the concept of fair trial. Try to identify the concept of fair trial with “independent, impartial and competent judiciary”, “free legal aid to indigent accused” “presumption of innocence” as comprehended or conceived in our adjective law.
The most indispensable condition for a fair trial is to have an independent, impartial and competent judge to conduct the trial. It is necessary to break down these elements to understand the need for a fair trial. In spite of the need for judges to exercise their professional responsibilities in true independence, it is often seen that various pressure from outside comprises their ability to do so. The independence
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As stated in the case of Kehar Singh vs. State (Delhi Admn.), Section 327 makes provision for open court generally accessible to the members of the public. Public trial in open court is undoubtedly the most essential element for a fair administration of justice. Another important factor is hierarchy of courts and their power to try the offences. This hierarchy is required for proper utilization of the available resources for administration of criminal justice. This will lead to speedy trials and complicated cases would be handled with great care by qualified and experienced …show more content…
The principle says that the accused person is presumed to be innocent unless he is proven guilty beyond reasonable doubt. The burden of proving the guilt of the accused is upon the prosecution. The courts cannot record a finding of the guilt of the accused unless the prosecution relieves itself if that burden. The provisions of the Code are framed in such a manner that a criminal trial should begin with and be throughout governed by this essential presumption.
The principle of proof beyond reasonable doubt should not be stretched. The extreme concern suggested in the stance that a thousand guilty men go out but one innocent martyr shall not suffer is a false dilemma. Only reasonable doubts belong to the accused. Otherwise any practical system will then break down and lose credibility with the community.
All the criticism pointed out against the principle of ‘presumption of innocence” has been applied and misused by weak and incompetent judges.
Giving so much of importance to proof beyond reasonable doubt by the prosecution and ignoring the ground realities, the fact situations often results in miscarriage of justice and makes the justice delivery system a
The model jurist renders decisions without regard to personal values, beliefs or experiences. For many, the most important test of judicial nominees from Robert Bork to John Arnick is whether, given prior statements and acts, the nominee can be ' 'impartial. ' ' The assumption is that only impartial judges can be fair.
With a jury that cares about everything but the trial, how is the defendant suppose to be given a fair trial? He isn’t. The last piece of evidence is cartoon 3, where a dog is being judged by his natural enemies, feline (Document E). These ‘jurors’ all hate the dog and no matter what the evidence is, the dog will be guilty. It applies to our system with the notion that a suspect is hated by jurors because the media accuses them of being guilty before the trial begins.
This is the reason there is a tighter procedure when storing evidence into Criminal Justice field. The improperly investigated case caused the defendant to feel as if the due process clauses were not executed. After careful research it has been proven that the due process clause is not required determining an innocent or guilty plea which ultimately saves a lot of the court’s time when dealing with a defendant. Lastly, Modern technology has a very important position in society today. Even though the assault kit was used to verify if a victim was raped, a better rape kit was invented to not only verify the victim who was assaulted, but also identify the criminal as well.
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
We like to say that “Justice is blind,” but justice is decided among people, and people are not perfect or impartial. When convicted of a crime, a person is
Guilty or not guilty, all citizens deserve a thorough trial to defend their rights. Formulating coherent stories from events and circumstances almost cost a young boy his life. In Twelve Angry Men, 1957, a single juror did his duty to save the life of an 18 year old boy by allowing his mind to rationalize the cohesive information presented by the court and its witnesses. The juror’s name was Mr. Davis, he was initially the only one of 12 jurors to vote not guilty in reason that the young boy, sentenced with first degree murder, may be innocent. I am arguing that system 1 negatively affects the jurors opinion on the case and makes it difficult for Mr. Davis to convince the other jurors of reasonable doubt.
“ we make mistakes. Scores of innocent people have been exonerated after being sentenced to death” (Stevenson 16), this quotation reminds me of a story that happened in 1991 to Todd Willingham, as detailed by the Travis County District Court of Texas. Willingham was executed as he was found guilty of the murder of his three children in a fire that took place at their home. The Innocence Project, however emphasizes that the wrongful execution of Willingham is a tragedy and must never happen again. We must restore the good name of Willingham, and ensure that a tragedy of this kind never happens again of executing an innocent man.
(Miladinovic, Z., & Lukassen, J., 2015, February 25) The outcome of a just trial and its verdict, is based on proof of evidence, which ensures what 's best for the
The criminal justice system has a set of rules it follows when arresting, interrogating, and placing the accused on trial. These rules are known as procedural rights. Procedural rights are the rights of the accused/defendant, when going through the criminal justice system. They are the first ten amendments of the United States Constitution (Bohm, 2018). Also, known as the Bill of Rights.
Unreasonable evidence is used and justice is not served, but injustice
The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
In all areas of law reasonableness tends to play a fundamental role including reasonably foreseeability, the reasonable man, beyond reasonable doubt and reasonable force to name a few. The concept of reasonableness in public decision making is no different and has developed, expanded and retracted in various jurisdictions over the past century. In public decision making, reasonableness particularly relates to judicial review, and the actions, events or otherwise which lead a public body to arrive at a particular decision rather the decision itself. It is of great importance that reasonableness is applied to public bodies in order to control the exercise of power and to prevent arbitrary and unfair decisions. In this essay, we will examine
This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,
The most essential part of our judicial system is that it is based on the presumption that the accused is innocent unless proven guilty beyond doubt. Also it is better that ten guilty are held free than one innocent being falsely implicated in a case. Thus the burden of proof in a criminal case is very high.
The prosecution bears the legal burden to prove the guilt of defendant beyond reasonable doubt in criminal cases whereby the defendant bears the evidential burden