Criminal Justice Case Analysis
The court may state without any fear of contradiction that if the failure of justice is not bestowed its due signification in a case of the present nature, every procedural lapse or interdict would be given a privileged place on the pulpit. It would, with unnecessary interpretative dynamism, have the effect potentiality to cause a dent in the criminal justice delivery system and eventually, justice would become illusory like a mirage. It is to be borne in mind that the Legislature deliberately obliterated certain rights conferred on the accused at the committal stage under the new Code. The intendment of the Legislature in the plainest sense is that every stage is not to be treated as vital and it is to be interpreted to subserve the substantive …show more content…
The decisions rendered in
Moly (supra) and Vidyadharan (supra) have not noted the decision in Bhooraji (supra), a binding precedent, and hence they are per incuriam and further, the law laid down therein, whereby the conviction is set aside or matter is remanded after setting aside the conviction for fresh trial, does not expound the correct proposition of law and, accordingly, they are hereby, to that extent,
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6.3 Suggestions Following course of action may act as a starting point in this regard:
• It is required to take strict action against the persons connected with the system for their failure to perform their role according to the requirements of law. It must be ensured that derailment, deliberate or due negligence or ignorance must result in punishment. The existing laws in this respect be implemented with vigor and fresh look at some of the old laws be taken with a view to pug up, the deficiencies, which give rise to scope for lack of commitment. The control mechanism be evolved to ensure responsibility for lapses in performance of the role not only by the governmental functionaries but also the non-governmental functionaries such as witnesses and advocated vitiating the process of justice. The changes should be such as to clearly sellout the responsibility of each agency so that there remains no ambiguity for any agency to shirk its share of
Case Analysis: Black Mobsters V.
610 Words | 3 PagesFacts: Before dawn on August 21, 1983, Petitioner and other members of “Vice Lords” street gang became in rival fight with “Black Mobsters”. James Jackson, from Black Mobsters, went to the home where Vice Lords fled to. A second fight broke out with petitioner and three others from gang and severely beat Jackson. Vice lords put Jackson in a car, drove to a nearby street and left him face down in a puddle of water. Later that morning police found Jackson dead, where he had been left.
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Criminal Procedure 3700 Law And Disorder Research Paper
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Court Case: Case Study
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What Are The Greatest Challenges Within The Judicial Branch Of Government
1207 Words | 5 PagesThe judicial branch must play the mediator and the ultimate interpreter of the law of the land. It may be difficult to precede in different cases based on the circumstances. Verdicts sometimes are determined by the era we are in, the culture, politics, one’s personal belief, and even the media. These components may have played a factor in their ruling. They must make
Specialized Courts Case Study
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Trial Court Case Study
185 Words | 1 PagesThe Appellate court remanded the trial court's decisions on the following issues: (1) Did the district court err in affirming that the student was no longer eligible for special education under the IDEA Act based on her strong academic record, however not determining whether she had a reading fluency deficit? and (2) Did the district court err by failing to make an independent judgment based on parents' additional evidence? It was stated that the district court should exercise independent judgment and that they weighed too heavily on Jane's overall academic achievement when the deficiency in reading fluency was sufficient to support eligibility. Also, the district court did not make an independent judgment as to the additional evidence
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Business Btec Level 3 Unit 12 P2
438 Words | 2 PagesCriminology P2 The Home Office is a department part of the government who are in charge of immigration; security as well as law and order (e.g. the police) in the UK. Meaning they are in charge of any British visas, and even special security services like MI5. The British Crime Survey (BCS) now known as the CSEW, is a survey in which people living in areas of England and Wales are interviewed about any experiences with things they perceive to be criminal activity anytime during the year.
Analysis Of Law And Order: Special Victims
175 Words | 1 PagesLaw and order: special victims unit Season 1 By Sergio perez Law and order: SVU is a crime, drama television series that premiered on NBC on September 20,1999, as the first spin off to dick wolfs successful crime drama, law and order. This version of law and order takes place in New York City, and the special victims unit is located in the 16th precinct of the New York City police department. Law and order: special victims unit is based around crimes with sexual nature, such as rape and domestic abuse, as well as cases involving children and elderly.
Case Analysis: You Will Be The Judge
588 Words | 3 PagesYou Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
Advantages And Disadvantages Of Law Reform
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Administrative Prejudice In Criminal Law
965 Words | 4 PagesThe analysis of the text offers the possibility to point out eight basic features which are not typical of the majority of civil law countries: 1) Criminal law is codified in one legislative act (the Criminal Code); 2) There is no concept of misdemeanor; criminal law is strictly distinguished from administrative law. It means that crime is strictly distinguished from other types of illegal behavior by the presence of a socially dangerous element; 3) There is no concept of administrative prejudice in criminal law due to the same strict distinction between criminal law and administrative law. Administrative prejudice in criminal law means that an illegal behavior is considered to be criminal when this behavior occurs within some time fixed by law after imposing an administrative sanction for the identical illegal behavior; 4)
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