Smith, 437 Mich. 293 (1991)). Upon, his sentencing the Judge did allow for his juvenile criminal record to be a part of his sentencing report and a factor in the sentencing guidelines for his sentence. Smith’s juvenile criminal records did show that he had six felony offenses as a minor, these felony offenses did heighten the penalty and give Smith above the number of felonies required for an offender to be determined as a habitual offender. As stated above, Smith appealed the conviction and the sentence, where the appeals court did uphold the conviction but did reject the sentencing and order a new sentence hearing for Smith. The State of Michigan then filed an appeal to the Supreme Court of Michigan on the decision of the lower
The Canadian Charter of Rights and Freedoms first came into effect on April 17, 1982. The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution, created in 1867. The Constitution is a set of laws containing the basic rules about how a country operates. The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Canadian Charter of Rights and Freedoms is an effective tool to ensure and maintain a just society as it protects the innocence of people, protects and ensures past laws and states fundamental freedoms, all of which work to create a thriving society.
The defense counsels can argue against the safeguard of accused before they are proved guilty with support of constitutional safeguards. The law enforcement officers cannot harass the accused or defame the accused because they are protected by the amendments in the constitution. The 4th Amendment states that unless there is warrant the house or accused cannot be searched. The law enforcement officers need to take permission before arrest or searching the accused. Due to this amendment in the constitution the adult criminal can get relief before they are proved guilty.
Millions of people go through the United States prison system each year, and once you go to prison, no matter how long ago or how trivial the offense, it follows you around for the rest of your life. Many do not expect much from prisoners after their release and presume they will fall back into the same patterns and are bound to go back to prison. The likelihood of reoffending is referred to as recidivism. “Recidivism is measured by criminal acts that resulted in rearrests, reconviction or return to prison with or without a new sentence during a three-year period following the prisoner's release” (“Recidivism”, 2014). It is a key topics of incapacitation, specific deterrence and rehabilitation for criminals and their success after release.
The ratio of the House of Lords is that all five judges agreed to uphold the rape conviction, declared that a marital rape exemption doesn’t exist in the English Law. The meaning of ratio decidendi of a case is the principle of Law on which a decision is based. For example, when a judge delivers judgement in a case like R v R he outlines the facts and arrives at a decision, for which he gives the ratio. Ratio is the binding part of a judicial decision.  Lord Keith mentioned that the opinion that section 1(1) of the Act of 1976 presents no obstacle to the House declaring that in present day the alleged marital rejection in rape forms no part of the Law of England.
In other words, in keeping with the objectives of the CJA of keep child offenders out of the formal criminal justice system, arrest of a child is discouraged and only permissible under exceptional circumstances. Answers to question 3 a) The right to assistance to a suspect is entrenched in Sections 35(2) and (3) of the Constitution, is well established in the common law and further embodied in Sections 73(1), (2) and (2A)-(2C) of the Criminal Procedures Act, hereafter CPA. In addition to this right as it is applicable in the provisions noted above, the Child Justice Act also contains provisions that regulate access by accused children to assistance. There are some differences between how it is affected at the pre-trial and trial stage for children and adults. For an adult suspect at the pre-trial stage, the police have a duty to inform the suspect of the right to assistance during arrest, interrogation and investigation with the consequences of being deprived of this right being that it is likely the statements made by the accused will be excluded during their
Competency to Stand Trial In criminal court, when the question of CST is posed, the court requests an evaluation from a mental health professional on knowing whether the defendant has any mental illness or mental defect that would interfere with their ability to participate in proceedings of the court (Pillay, 2014). The court also seeks evidence from a mental health professional on whether the defendant had a mental illness or mental defect at the time of the examination, and by that, likely, the time of the trial (Pillay, 2014). There are standardized assessment tools that have been developed to help assess adult competency (Baranoski, 2003). Although there is no statutory distinction between adult and child competency, most courts recognize that cases with adolescents are different (Baranoski, 2003). In this case, a competency evaluation is adjusted to meet the needs of the juvenile and the court (Baranoski, 2003).
. no one is injured using the special equipment.” A three-tiered analysis will be applied to examine whether the law (1) is generally valid to businesses open to the public, (2) if the law is a legitimate use of Columbia County’s police powers, and (3) if Columbia County is obligated to exempt Fantastic Fitness from the law based on age, sex, privacy, and religious grounds. In the case of the Young Social Reformers Club and Moose Lodge No. 107 v. Irvis, “ . .
The patient’s demographic data, operating time, hemoglobin drop, complications (Clavien-Dindo), and length of hospital stay were prospectively studied. A complete stone-free status or CIRF at 1 month was accepted as the criterion for final clinical success. Results: A total of 17 patients with a median age of 9 years were studied. The stone size ranged from 5.3mm to 24.9mm. The median operative time was 40 minutes.
Starmer contends that, any debate about victims’ rights in a criminal justice context has to start with the criminal law itself. To him, unless the law ‘adequately and effectively’ protects the rights of victims, there can be no question of a criminal investigation and prosecution. This fundamental proposition was accepted by the European Court of Human Rights (ECtHR) when it found a violation of the rights of a 16-year-old rape victim where her mental handicap was such that she was unable to make a personal complaint and her father was not authorised to file one on her behalf. The Court ruled that civil remedies were not an adequate response to serious wrongdoing, thus effectively creating a right of access to criminal
At the same time police officers now can’t abuse their power during interrogations and force a conviction out of a suspect in custody. Roscoe C. Howard Jr. also state, “ The Miranda majority took great pains to trace the history of the Fifth Amendment privilege against self-incrimination and demonstrate that its application to custodial interrogations was rooted in the Constitution.” Based on Howard Jr.’s quote, the Miranda Rights are traced back to the Fifth Amendment right against self incrimination. No where in the U.S constitution does it say anything about Miranda Rights. However, it is the duty of the Supreme Court to interpret the constitution and by interpreting the Fifth Amendment of the constitution, the court created the Miranda Warning standard. Furthermore, in the case of New York v. Quarles (1984), the Supreme Court went on to add more to the Miranda Warning standard.