Justice is the foundation of any civilized society. The search for justice has been an ideal which man has been aspiring since ages.
Justice is a constitutional compulsion. The Constitution of India, in its Preamble, define the common goal for its citizens as, “to secure to all the citizens of India, Justice- Social, economic and political.”
Article 14 guarantees equality before the law and the equal protection of the laws.
Article 39A of the Constitution gives a compulsion to the State to secure that the operation of the legal system promotes justice based on equal opportunity and ensure that it is not denied to any citizen due to economic or other disabilities.
Everyone has equal rights, but sadly, they all cannot enjoy the rights equally.
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An effective judicial system is where not only just results are reached but they are obtained quickly. Faith in the judicial system is determined by its capability to provide accessible, speedy and cost effective justice to everyone equally. It is a fundamental right of every citizen to achieve speedy justice, which is also the basic demand of a sound judicial system. Right to speedy justice is extended under the right to life given by the Constitution. Right to speedy justice for criminal cases has been recognised by the laws of various countries. It was found in the Virginia Declaration of Rights of 1776 and after that into the Sixth Amendment to the Constitution of United States of America which states, “In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial”. USA also has the Federal Act of 1974, Speedy Trial Act which establishes a set of time limits for all events in the prosecution of criminal cases, including information, condemnation and …show more content…
According to the Supreme Court’s calendar for 2014, of the 365 days, the court will work for almost 200 days whereas in 2013, the court worked for nearly 176 days and 189 days were holidays which included approximately 104 Saturdays and Sundays, and nearly two-and-a-half months of summer vacations. The British legacy of a nearly two-month-long summer vacation is still a continuing tradition in the apex court. Depending on the number of years a judge puts in the service, he is entitled to certain days of leave on full salary, certain other offs on half salary and some more days off on one quarter
Gideon v. Wainwright was a Supreme Court case in 1963 where the court ruled that the courts had to provide counsel to the party being charged if they could not afford one. Clarence Earl Gideon was charged with breaking and entering in the Bay Harbor Pool Room in Panama City, Florida. He could not afford an attorney and the court denied his request for them to provide him one since it was not a capital offense, in that time courts were not required to provide an attorney to a party on trail if the crime was not a capital offense. Gideon was found guilty and sentenced to five years in prison. He originally sent his request that his trail was unfair to the Florida Supreme Court; it was denied.
https://www.ncjrs.gov/App/publications/abstract.aspx?ID=143703 This paper will seek to define the right to a speedy trial in regard to both federal and state law. In the text I will cover a few case examples, various guidelines, and render a thorough analysis regarding the right to a speedy trial. The 6th amendment of the U.S. Constitution and the Speedy Trial Act of 1974 ensure a criminal respondent's entitlement to a rapid trial.
Imagine this was you, does this sound in any way fair? The sixth amendment has a cluster of rights that guarantees to make criminal prosecutions more accurate, legitimate, and fair. The rights guaranteed by the sixth amendment are tied to law and order. A speedy and public trial is one of these.
Despite the current state of affairs, citizens still possess the right to freedom of expression, freedom of the press, freedom of religion, and the right to petition the government. Equal opportunity is still an ideal that stands today and becomes better with time because it gives all citizens the same opportunity. Despite advances in technology, ideals of justice still stand as the legal system remains in place to protect citizens and keep them safe. It is important to note that all these ideals still exist and have improved over time in order to keep the value of safeguarding people's rights as the basis of the political
Basically, there are three main sets of reasons behind the rationale of the Speedy Trial Clause. In the first place, obviously, there is the purpose of effectuating the right of the defendant to a speedy trial. Also, the Clause is aimed to support the public interest, as well as the victims’ and witnesses’ rights to an accurate but timely conclusion of a criminal case. Finally, a Speedy Trial should further an effective use of public resources (American Bar Association, n.
The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
And another question is what property can be taken for what reimbursement. Amendment 6 ¬ Right to a fair trial- This amendment means that in all criminal prosecutions, the person being accused shall enjoy the right to a fast and public trial, by a fair jury from the State and district where the crime has been committed. It also means that the person being tried is to be informed of the nature and cause of the accusation and confront the witnesses against them; to have obligated process for obtaining witnesses in their favor, and to have the right to an attorney. ¬ What happens if a jury can not make up their mind and the trial is dragging on when it should be going
These articles and amendments work as the bridge that connects the structure of the present-day American Government. But at this present moment, the dream has been shattered with media coverage shown around the world of the equality aspect being destroyed. The police brutality against minorities and African Americans especially have contrasted with the structure built by the founding fathers. The controversial question is, the constitution written to protect all or just some who fit the so call American profile? Whiles, we look at the posed question we can look at one of the most protection driven amendments made.
All in all, the judicial system has cracks in the foundation, but it is on the right track. Our system is not perfect but it is better than not having anything. The judicial system gives individuals the chance to prove their innocence and to fight for the
In the United States of America, every citizen has the constitutional right to due process. Within due process, the accused have the opportunity to be tried by a jury of their peers to determine whether or not they are in fact is guilty of the crime they are being charged with. Last year in the state of Florida, there were a total of 2,831,304 complaints filed to both circuit and county courthouses (Florida Office of the State Courts Administrator). So does that mean that all those people went to trial? If they did, that would mean that on average, there were 7,756 trials being conducted daily all across the state, and that’s also assuming that those judges, clerks, prosecutors, defense attorneys, and court employees all worked 365 days of
Justice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
These rights, read at every arrest, were developed due to a case known as Miranda vs. Arizona (Taylor, 2015). This case was heard by the Supreme Court in 1966 (Taylor, 2015). The Supreme Court proposed prior to anyone being questioned, he/she had the right to remain silent, anything said will be used against them in the court of law, and they have the right to an attorney, if an individual cannot afford an attorney one will be appointed. There were other cases heard by the Supreme Court leading up to this
Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
The concept of justice varies depending on the country, their cultures, and on individual people. Justice and mercy are important themes in The Merchant of Venice and are supported by quotes in the play; it is clearly seen that these two virtues cannot be achieved simultaneously. Justice calls for “an eye for an eye” and mercy asks for forgiveness and compassion towards the one who did wrong. Using examples from The Merchant of Venice, it can clearly be seen that these two human virtues can not be pursued at the same time. There are various definitions as to what justice truly is.
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.