The prosecution therefore bears the responsibility to attest to the accusation against the accused even if the accused did provide evidence in the trial. The prosecution hence has in fact the burden of proof to determine the guilt of the accused. The prosecution must without a doubt be able to demonstrate the truth of every element of the crime to institute a case against the accused. This includes that the accused is truly the perpetrator. The prosecutor thus has to submit relevant evidence related to the crime before the judge to be examined.
For that purpose it is the duty of prosecution to prove that guilt beyond reasonable doubt. The benefit of the doubt goes to the accused. But if the guilt is admitted by the accused then there is no need to prove the case beyond reasonable doubt and sentence can be awarded according. But in the modern era, the punishment to the accused must be awarded keeping in the reformation and rehabilitation. In other words the rights of the accused are also given due importance.
It also accentuates the importance for the justice system of protecting and serving the public through crime reduction. Crime control 'values' include the notion that that those thought to be guilty may be pursued regardless of the rules that may be in place for protecting the rights of suspects. The conviction of the innocent is accepted because the ultimate goal of convicting the guilty overrides civil liberties. The crime control model is considered to be a conservative approach to crime that focuses on protecting society from criminals by regulating criminal conduct and justice. Moreover, this model stresses strict and swift punishment for crimes; in return, this strict adherence benefits society by striking fear in criminals because they will be harshly punished.
The police service will decide whether to conduct an investigation after a complaint is filed. In this case, police would conduct investigation on Mr. James Lane. At this stage, he denied the crime he was accused for. The police service will submit a report to a criminal and penal prosecuting attorney (the "prosecutor"), who evaluates whether there is sufficient evidence for the convicted to be charged based on the results of its investigation. If there is, the prosecutor determines the charge to be laid.
The possible outcome of this scenario maybe that, if the mediator is so meticulous and calculated, no potential consequence could be caused In other case, if the party get caught by the police and finally found guilty and imprisoned, the respective party might reveal to the court about why the mediation process. Then, the worst outcome to the mediator would be that important evidence is upheld for further legal actions towards the mediator. 6. Conclusion The basic foundation of mediation is the confidentiality in the process and between parties; the principle of trust is the key of mediation, being a useful and successful method as an alternative dispute resolution. The establishment of the trust is vital.
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
Role of Victim in Criminal Justice System in India recent trends More than fifty years ago Justice Benjamin N. Cardozo of the United States Supreme Court wrote "justice, though due to accused, is due to accuser also. The concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true." The fundamental principle of a judicial system is fair trial and justice to both, the accused and the victim of crime. In order to apply this principle there involves a delicate judicial balancing of competing interests of the accused, the public and the victim.
A choose typically appearance at matters through the litigator’s eyes choose whether or not the defendant was entrapped. To succeed on associate degree defense, the litigator should prove that the govt. iatrogenic him or her to commit the crime which he or she had no intention of committing the crime at the
The purpose of civil law is to deal with the disputes between these parties where compensation is awarded to the victim. Criminal Law is the body of law that deals “with crime and the legal punishment of criminal offenses” . The purpose of criminal law is to maintain the stability of the state and society by punishing offenders and deterring them and others from offending. They have different structures when it comes to their proceedings. Civil proceedings can take place in different courts depending on the remedies being sought.
The principal consequence of which is that the offender, if he is detected and it is decided to prosecute, is prosecuted by or in the name of the state. Therefore, Criminal Law is being implemented. The role of the Criminal Law is to deal with different types of wrong doings or offences committed by a criminal, and be punished fairly as stated by the law. Such examples of crimes are robbery, theft, murder, counterfeiting and cheating. Hence, the purpose of the Criminal Law is to maintain and regulate the stability of the country or