Justice. And the lawyer? To serve this purpose” ; and is evident in the plethora of legal narratives exhibited on popular media. Hence, this essay advances that these narratives capture certain images of lawyers, communicate significant ideas about lawyers and the justice system, and convey important messages on how lawyers can improve trust with
However, such debates are relevant in that they assess the conceptual bases for the development of ADR processes and provide discussion as to whether ADR-type processes can and should be applied in a criminal context. The thesis herein provides the background of ADR and its scope as well in the criminal litigation
New Brunswick and New Jersey: Transaction Publisher, 2001]. Anthropologist such ads Bronislaw Malinowski has also tried defining the law concept. According to Malinowski “law is the specific result of the configuration of obligations which makes it impossible for the native to shirk his responsibilities without suffering for it in
Social work is a dynamic helping profession, where the main goal is to improve the welfare of every individual in a society. Law is a system of legal rules that governs the way members of society interact with each other. Law is necessary for order, justice, punishment, protection and to settle dispute. Social workers need to have familiarity with the legal process and the understanding of basic legal principles in order to effectively be able to assess and intervene on behalf of clients. Problems where social work and the law overlap have consistently challenged social work professionals.
Criminal Procedure and Probable Cause Student’s Name Institution Affiliation Criminal Procedure and Probable Cause Introduction Criminal procedure is a broad term that encompasses the various rules and regulations that governs and guides the manner in which courts process criminal cases. The set of rules and laws that make up criminal procedure are all geared towards ensuring that the constitutional rights of defendants and criminals have been protected during the entirety of the criminal justice process which includes investigation, arrests, plea bargaining, trials, and sentencing. Probable cause, on the other hand, is a criminal law concept that refers to the requirement that law enforcement officials should have sufficient reason to be able to make arrests, seize property, or conduct a search with regard to an alleged crime. It is a situation where an officer has evidence that is trustworthy and sufficient to make a reasonable person justify an arrest or a search (Carmen, & Hemmens, 2016). This paper examines a real case scenario to determine the requirements for probable cause and criminal procedure.
Procedural safeguards are present at each and every stage to uphold this guarantee of fair trial and to maximize the administration of justice. Mechanisms in the form of appeals, revision, constitutional remedies and safeguards are also provided for so that injustice dealt can be corrected and checked. In a country like ours where
Generally, the very basic definition of law itself is to govern a society to maintain social order and uphold justice. Meaning that, it highlights the importance of social theory in shaping the law. In the article of Links and Choices: Popular Legal Culture, the author critically analysed on Lawrence M. Friedman’s work which is Law, Lawyers and Popular Culture. Friedman emphasised on the importance of popular culture as one of the sources in the study of law. As mentioned earlier, Friedman also stressed on how significant the social theory is in assessing those information derived from the popular culture itself.
Hereafter, X and Y continued to assault suspect under the watchful eye of the policewoman. The court held that for X the principle in the Minister van Polisie v Ewels could not be applied as intent was an element of offence. In this case we consider the Bill of Rights contained in Chapter two of the Constitution of the Republic of South Africa which affirms the democratic values of human dignity, respect and equality and says that the state must respect, protect, promote and fulfil the rights in the Bill of
Historically, the Reid Commission 1957 recommended the insertion of the fundamental rights which now appear in the Constitution (Harding 1996, p. 34). The Reid Commission 1957 sought the fundamental individual rights as an essential element for a democratic country. For instance, the guarantees of fundamental liberties of Malaysians in the Federal Constitution cannot be taken away recklessly. In Malaysia, the human rights have been incorporated in Part II of the Federal Constitution. Some of the fundamental liberties guaranteed by the Federal Constitution are: (i) liberty of the person under Article 5, (ii) the prohibition against forced labour and slavery under Article 6, (iii) the protection against repeated trials and retrospective criminal laws under Article 7, (iv) the rights to equal protection of the law and equality before the law under Article 8, (v) the rights to freedom of movement and prohibition of banishment under Article 9, (vi) the rights to freedom of speech, association and assembly under Article 10, (vii) the rights to freedom of religion under Article 11, (viii) the rights in respect of education under Article 12, as well as (ix) the rights to property under Article 13 (Tan Sri Arifin Zakaria
But, the obiter dictum is a persuasive precedent. This means judges can be ‘persuaded’ by the reasoning of the decision in cases. For precedent to work, there needs to be a hierarchy of courts. Where the lower courts, which can be called subordinate courts, are bound by the higher courts, which are superior courts. This means that judges are continually contributing to the development of the unwritten law in Malaysia.