Custodial violence, including torture and death in the lock-ups, strikes heavy blow at the rule of law which demands that the powers of executive should not only be derived from law but also that they should be limited by law. The law of arrest expects both individual rights and the states’ collective responsibility towards the society. In most scenarios it becomes a challenge to strike a perfect balance between both. Transparency of action and accountability are two possible safeguards to prevent any abuse of power to arrest a citizen. Custodial violence broadly includes custodial deaths, torture and as per the new trend in the crime pattern even custodial rapes.
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. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
The main purpose of this work is to find out how the criminal profiling is effective. The report will claim that the method of criminal profiling in many instances does not help investigators to tackle the problem. The reasons for this are the Criminal profiling (also known as a psychological profiling or offender profiling) is an investigative tool, which consists of analyzing the crime scene and using the conclusions to determine the identity of the serial killer used by law enforcement agencies. Criminal profilers create a psychological portrait and then determine location of the offenders by gathering their personal attributes from crime scene behavior in order to assist in detection of them. In order to create the profile
Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences
The criminal law is different from the civil law. The laws which are a part from the civil law are considered as criminal law. Criminal law is focused on crime from the public do wrong, it has punishment of imprisonment or death, being Government as the prosecutor. Criminal law involves crime which may lead to arrests, interrogations, and explorations. The criminal law is focused on the cases of rape, murder, burglary and arson etc .
It refers to the question that out of the two parties who shall prove a fact. Every party has to prove such facts which go in its favour and against the opponent. In many legal systems including the English Legal System, the rule of burden of proof is treated same as rebuttable presumption as there is an inherent presumption of guilt. In a civil case, it is the petitioner who has the burden of proof, as it is presumed by the court that there is no case standing against the defendant. Similarly, due to the fundamental principle of criminal law every accused is innocent until proven guilty, the burden is proof is on the prosecution and every failure of prosecution is a presumption of innocence of the accused.
For instance, as provided for in Section 1 of the Magistrates Court Act 1980, a police is entitled to arrest a person if he or she is suspected for having committed an offence, a court magistrate may issue out a warrant or summons to have that individual appear before the court of law. In such an incident, a police officer is required to arrest that person and bring him or her to court. Also, the police officers have a right to arrest anyone suspected of having committed a crime, or is in the process of committing or the person is about to commit a crime. In the case of conducting a search, the police officers are issued with a court order to carry out a search on a suspect. Police officers usually get search warrants by convincing a neutral and detached magistrate in a written statements (affidavits) based on their observations, or police informants that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
Thus, it is the duty of the police officer who files the charge sheet to ensure that all the charges against an accused are framed properly and it is the responsibility of the magistrate to ensure there are no errors in the charge sheet. Ergo, it causes an extra burden on the accused and the state machinery as if the charges are not framed cautiously, it can lead to double victimization of an accused and creates a problem for the state to prosecute a person
35 of the Courts Act. However, section 36 of the Courts Act makes provisions for the Chief Justice to allow two or more judges regarding the gravity and importance of the case to hear a case. Offences of criminal gravity like murder are tried at the Assizes( the Supreme Court in its capacity over criminal jurisdiction) before a Presiding Judge and 9 jurors . It is relevant to note that a criminal case can be heard by only a Judge of the Supreme Court , e.g. cases of drugs trafficking.. By virtue of Section 84 of the Constitution lower courts must abide by the ruling of the Supreme Court ,e.g.
c. Identify the participants in the courtroom at a trial The criminal justice system consist of three main components; police, court and corrections. In this system the court plays a very important role. A court is defined as a body of people presided over by a judge, judges, or a magistrate, and acting as a tribunal in civil and criminal cases. The role of a court is to provide a forum to resolve disputes, test and enforce laws in a fair and rational manner. Courts decisions are based on what the law says and what the evidence proves and not by suspicion, biases or favouritism.