ipl-logo

Essay On Procedural Safeguards

1638 Words7 Pages

I. INTRODUCTION Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty righteous who are in it? What if ten are found there?" He [The Lord] said, "I will not destroy it for the ten's sake." In criminal law the principle that is followed is that it is better that ten guilty persons escape than that one innocent suffer. Therefore, all criminal processes are aimed to ensure a fair trial, wherein all persons are presumed to be guilty unless proved otherwise and no person is convicted of an offence unless his guilt is proved beyond reasonable doubt. 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 …show more content…

The revision Court may also make an order for further inquiry which entails supplemental inquiry upon fresh evidence. For this purpose the High Court may exercise any of the powers conferred on a Court of Appeal or on a Court of Session by Section 307 and the Sessions Judge may exercise all or any of the powers exercisable by the High Court under Section

Show More
Related

  • RV Stinchcombe's Case: Precedent Set For Canada

    880 Words  | 4 Pages

    Now, after the case it is made sure that an accused person has a fair trial, the case established a right of proper information in criminal proceedings, which is essential to the fair trial of an accused person. The ruling has given better communication between the prosecution and defence and has given defence counsel the tools they need to represent their clients in a fair

    Read More

  • Legitimacy Of The System By Allowing Retrials For New Evidence

    915 Words  | 4 Pages

    This has brought confidence in the justice system and fairness to the oppressed in the society. Reasserting the Legitimacy of the System by Allowing Retrials for New Evidence The judicial process before the reforms relied on the application of the jeopardy rule. The legitimacy of the court had been threatened by this rule and it was frustrating when new evidence was discovered and it became impossible to try the defendant again.

    Read More

  • Wrongful Conviction Analysis

    1139 Words  | 5 Pages

    The author seeks to place the responsibility of punishing innocent people in the correctional system, onto that of the state. The role of the correctional system in criminal justice is to punish and rehabilitate, but why happens when someone is placed in there through a wrongful conviction. Though various cases have different circumstances, the author states that the one constant factor in all wrongful conviction cases is the state. By expanding upon existing arguments relevant to state crime the author seeks to expand the readers understanding of wrongful convictions, purely from a criminological point of view. By doing so the article will add to the readers understanding of the tragic scenario of wrongful conviction.

    Read More

  • Prosecutorial Injustices

    1623 Words  | 7 Pages

    Finally, there are four solutions proffered, Restoring discretionary authority to judges, “Open File” reform, Criminalization and Punishment of deliberate and serious prosecutorial misconduct, and Improved prosecutorial education. “Open File” reform would be the most important solution because it discloses all the information regarding each case. This solution can be loosely associated with Utilitarianism because by keeping an open file only good could come from exposing all parties with the evidence and facts of the

    Read More

  • Comparing The Salem Witch Trials And The American Criminal Justice System

    478 Words  | 2 Pages

    Over 300 years ago, more than 100 citizens of the colony of Massachusetts were accused of the crime of witchcraft, and many executed. Although this era in history, known as the Salem Witch Trials, lasted only mere months, its impact on the American criminal justice system has lasted until present day. Although both the trials in Salem and modern America are based on a similar justice system, there are vast differences, specifically in the rights of the defense, most notable in the separation of Church and State, the standards of evidence, and the presumption of innocence until proven guilty. The modern American criminal justice system, in comparison to that of the time of the Salem Witch Trials, has changed drastically. No longer is the rule of law based on

    Read More

  • National And Local Context Of Safeguarding Essay

    856 Words  | 4 Pages

    Safeguarding is the action that taken to promote the welfare of children and protect them from harm. The Children 's Act of 1998 put procedures in place that mean local authorities, courts, parents and other agencies in the United Kingdom have been given specific duties to ensure children are safeguarded and their welfare is promoted. The UK has policies and laws around education, health and social welfare which cover most aspects of safeguarding and child protection. Laws ' are passed to prevent behaviour that can harm children, or require action to protect them and informs what agencies should do to play their part in keeping children safe Guidelines and procedures have been put in place for people who work with children.

    Read More

  • 3.2 Explain The Main Points Of Agreed Procedures For Handling Complaints Essay

    861 Words  | 4 Pages

    1.1 Explain what it means to have a duty of care in own work role. Duty of care means to have a legal responsibility towards others. It is a legal requirement that all health care workers must put the interest of their service users first and make sure that the service users do not come to any harm be it abuse or self-harm. As a care giver, my duty is to provide care according to the organisation’s code of practice in my day to day work, to make sure that my service users are supported and treated with dignity and respect by following the policies and procedures set out by my employer, it is my duty of care to involve service user in their care unless it is not possible for them to be involved. Service should be provided in a safe environment

    Read More

  • Police Investigation

    1763 Words  | 8 Pages

    Justice can be achieved through various legal processes such as; police investigations and coronial inquests. Legal principles are instrumental in achieving justice such as; the rights of the accused and victims, and equality before the court. When these processes and principles are applied correctly, justice can be achieved this is demonstrated in two Australian cases; Mallard v. The Queen (2005) and a Missing Persons Case Kieffen Raggett (2007). These two cases demonstrate how legal principles and processes can achieve and deny justice, depending on how they are applied in the situation.

    Read More

  • Ethics In The Criminal Justice System

    1279 Words  | 6 Pages

    Assignment #1 Review questions Chap. 1 p. 26: 1. A single standard of ethics cannot be applied to all criminal justice agencies. The world is too complex to legislate morality and ethics. The cultures that make up each part of the world are not the same.

    Read More

  • Malcom X: Is Malcolm X A Modern Prophet?

    1314 Words  | 6 Pages

    Malcolm once said, “Good education, housing, and jobs are imperatives for the Negroes, and I shall support them in their fight to win these objectives. But while the Negro does not have these objectives, he is nobody.” Here, Malcolm X warns that if African-Americans cannot achieve these three goals, they will never be equal to the white man in society. Similarly, the ancient prophet Amos also told of the immediate troubles when he proclaimed, “Thus says the Lord: for three crimes of Judah, and now four - I will not take it back-because they spurned the instruction of the Lord, and did not keep his statutes; because the lies which their ancestors followed have led them astray, I will send fire upon Judah, and it will devour the stronghold of Jerusalem,” (Amos 2: 4-5). Here, Amos warns Judah that God will send fire upon it for its crimes.

    Read More

  • Due Process Model And Crime Control Model In The Criminal Justice System

    909 Words  | 4 Pages

    A comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice.

    Read More

  • Essay On Invasion Of Privacy

    1109 Words  | 5 Pages

    “Once you’ve lost your privacy, you realize you’ve lost an extremely valuable thing” - Billy Graham. “Invasion of privacy is a legal term. It is used to describe a circumstance where an individual or organization knowingly intrudes upon a person. The intrusion occurs when the person has a reasonable expectation of privacy, such as in a bathroom or locker room”(Winston). There are many factors that help with the loss of privacy these days.

    Read More

  • What Other Characters In The Bible

    286 Words  | 2 Pages

    God informs Abraham that Sodom and Gomorrah will be destroyed. However, Abraham’s nephew Lot and his family currently live there. In Genesis 18:16 – 32 New King James Version (NKJV), Abraham is negotiating with God that if a certain number of individuals were found to be righteous would he, spare them?

    Read More

  • Advantages And Disadvantages Of Legal Aid

    1665 Words  | 7 Pages

    The existing efforts of criminal justice reform from international, regional and national level should include pretrial rights of accused person in their framework and address how accused person can access legal aid in pretrial stages. International and regional human rights instruments should bring law enforcer especial Police, investigators and judiciary in addressing access to legal aid in pretrial stages. Law enforcers are very important in making access to legal aid to accused person at earliest stages of criminal process possible because it is in the hands of these institutions pretrial rights of the accused persons are violated. The information gathered during pretrial stage shapes and influences the entire proceeding and the results of the case. 4.2.2 Specific Recommendation for

    Read More

  • Syariah Court Essay

    2288 Words  | 10 Pages

    The legal implications and feasibility of integrating the Syariah courts into the federal judicial system through restoration of Article 121 of Federal Constitution Prior to 1988, Article 121(1) of Federal Constitution provided as follows: Subject to Clause (2) the judicial power of the Federation shall be vested in two High Courts of co-ordinate jurisdiction and status, namely— (a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry in Kuala Lumpur; and (b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;

    Read More

More about Essay On Procedural Safeguards

Open Document