Treason Trials Act of 1696 Name: Institution: Historical factors and features of the lawyer-free criminal trial which led to the introduction of the Treason Trials Act of 1696. Introduction As the name suggests, the Treason Trials Act laid down rules and procedures for conducting high treason trials (Wilkes, 2007). Prior to this Act, a criminal defendant in England was not allowed to be represented by counsel during trial. The existing treason law was extremely harsh, providing little opportunity for the accused to prepare an adequate defence, which more often than not enabled trumped-up treason charges to succeed. Something therefore had to be done to make sure that the defendant was accorded a fair hearing during trial (Langbein, 2003, p. 90).
K Basu v. State of West Bengal , the highest body of justice, the Supreme Court had clearly stated that, “Custodial torture is a naked violation of human dignity. The situation is aggravated when violence occurs within the four walls of a police station by those who are supposed to protect citizens”, also paying consideration to the tediousness of police task in yielding control over its civil population. Human Dignity is the highest form of fundamental right respected even by our most powerful and prestigious statute book, the Indian Constitution. When an individual is taken under custody it means that he/ she becomes the legal property of the state, which also means the state, and its missionaries become their legal guardians and all its institutions are at their disposal to reprimand them as well as guard them. But the idea of state custody has become so alarming that the society fears cooperation and even the notion of police and police
ARTICLE THEORY OF PUNISHMENT REFLECTED IN PROBATION LAWS IN INDIA “The origin of crimes in modern societies is mainly due to the sociological context in which an individual offender is situated. Without understanding the sociological context, the crime cannot be understood; and without its understanding, its prevention cannot be effect ”. When analyzing the cause of crime it is found that there are so many factors that influence individuals to commit crime, such the environment they live, the society, family background, there character etc. In criminological study there are various theories concerning the criminal behavior for example Lombroso’s Biological theories, Personality theory, Sutherland’s Differential Association theory, Labeling
When Tom is found guilty, the trial results presented a crisis of confidence, especially for Jim: If the law does not, then how can we have confidence in justice, if people fail Maycomb, then how can you have confidence in the goodness of humanity? Before while these issues were discussed to some extent on the trial, they dominate the novel after the trial. From a structural point of view, the trial service, so that the narrative of the main issues into
In response to the lack of supply and rise in demand, a new faction of the illegal market was open to the underground to develop and monopolize. As Al Capone put it, "All I do is to supply a public demand… somebody had to throw some liquor on that thirst. Why not me?" (Sullivan, 111). With the prohibition made a reality, in addition to the realization that self-restraint and organization would soon become essential to prevent mobsters from wreaking havoc; the contemporary La Cosa Nostra (the original Sicilian mafia) was born, and with it, “what has become probably the most powerful and ever-present secret society to menace the United States,” (Fino).
PROBATION IN THE INDIAN CRIMINAL JUSTICE SYSTEM The turn of corrective thoughts in new direction in the 19th century was not accidental happening but the century itself was of intellectual adventure and of consequent social change. The intellectual renaissance led to the society’s realization that society is also directly or indirectly, responsible for the persons committing crimes, and a gradual thought of reformation of criminals started budding. Revenge the retaliation was no longer the chief aims, the law had to the larger mission than to coerce the criminal and force him by severity to mend his ways.1 Probation is one of the ways for reformation of criminals. The word Probation is of Latin origin, and is derived from the Latin word ‘probatio’. It means to test, to prove and to try.
Torrio was the leader of a criminal group that was known for bootleg(make,distribute,or sell illicit goods) in this case the distribution of alcohol and was politically protected through the Unione siciliana. The actions of a opposite gang known as North side was very relevant in Capone's rise to power and his complete history. It started when North Side gang tried to kill Torrio, that made him decide to go into retirement handing control to Capone. As the lider Capone decided expand the bootlegging business using violence and making it an organization that had a transportation network that reached to Canada. At that point bootleggers had a serious need for protection which introduced high levels of violence.
CORRUPTION AS A CHALLENGE TO FAIR JUSTICE ADMINISTRATION -ARYAN BABELE The protection of rule of law is an essential practice for any progressive society. Importance of rule of law comes into light only when there is access to justice even for vulnerable people and when they are not left behind as aggrieved victim. In India, ‘Access to Justice’ is a constitutionally enshrined fundamental right, but in absence of proper check on justice system and its instruments violations are sporadic due to a certain influence in administration. This influence is a reason for India’s problem of institutionalized corruption across all departments of the justice administration in India. Protection of rule of law includes determined legal system that revert back problems and grieves in a fair, non discriminatory and efficient manner.
Man’s mental attitude towards crime and punishment, has been indeed, always so greatly influenced by its reflex actions that clear thinking on these subjects has never been an easy matter even after having a codified law like Indian Penal Code, 1860. Indian Penal Code, 1860 describes about the offence and its punishment. When Lord MacCaulay, made this Act he followed the Bentham’s Theory of Alarm. Punishment is fixed keeping in mind about the fact that how much alarm has been created in the society through that crime. For every crime there is a corresponding punishment.