Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
Criminal Procedure Assignment Reasonableness or fairness is a related concept. So too is the concept of fair trial. Try to identify the concept of fair trial with “independent, impartial and competent judiciary”, “free legal aid to indigent accused” “presumption of innocence” as comprehended or conceived in our adjective law. The most indispensable condition for a fair trial is to have an independent, impartial and competent judge to conduct the trial. It is necessary to break down these elements to understand the need for a fair trial.
This was achieved by not only denying the accused the right to counsel but also by hindering defence witnesses. The accused was not allowed to subpoena unwilling witnesses (Kelly, Karlin, & Wegemer, 2011, p. 86.). There were even situations in which the courts declined to listen to defence witnesses who were ready to testify. Restrictions on notice and preparation To start with, most criminal defendants were put in prison pending trial, which left them with no time to prepare for trial (Helmholz, 1997, p. 90).
In criminal court, the government files a case against someone for committing a crime. The person accused of committing the crime is called the defendant. The government must prove that the defendant is guilty “beyond a reasonable doubt,” which is a very high standard. If the defendant is found guilty, then he or she may go to jail or prison. (Code, 1993) Branches There are five main components of the criminal justice system: prosecution, defense attorneys, law enforcement, courts, and corrections.
Whilst a solicitor can represent you in court he only has rights of representation in the magistrates court.In civil cases all repesentations are done by the barrister. So a solicitor can represent you is just as normal in other cases.The jobs of a solicitor are generally advising clients on their legal issues and contacting a barrister if necessary.SOlicitors also draft contracts and wills and generally do all the legal paper work. What do barristers do in civil cases During civil cases barristers and solicitors do the same job which is meeting with clients and discuss issues and points regarding the case.Barristers and solicitors also work together in civil cases to try and discuss what the outcome of the case will be.Barristers also be in court and try to back up they clients as much as they possibly can. What do solicitors do in criminal cases Solicitors represent their clients in court.It depends on what type of solictor they are defending or prosecuting solictor.Solictors will represent clients in the police station help them to get bail and then also stand up infront of magistartes to give they clients view either backing them up trying to get them prosecuted.Solictors will give evidence and advise to they clients to help them out with they case as much as they possibly
The main function of the Administrative of Criminal Justice system in India is to punish the accused, after undergoing a fair trial and to do justice to the victims. Is it taking place properly in India, in all cases? Of course it is also well known truth that unless and until the guilty of the accused is proved, he/she is innocent. It is the prima duty of the Prosecution to prove the guilty of the accused beyond the reasonable doubt then only the accused is going to be punished. To which extent by way of punishing the accused leads to satisfaction of the victims in occurring justice to them.
It is either voted a preliminary examination or graded a situation under investigation. Once it is accepted as a case, it is brought through a six-stage process including the pretrial, trial, appeals, reparations, closed and revision. There have been 24 cases before the Court, in some cases, there has been more than one suspect. ICC judges have issued 30 arrest warrants; from this 30, eight persons have been detained in ICC detention centers and have appeared before the Court. ICC judges have also issued 9 summonses to appear.
Besides, a similar approach was adopted in PP v Saimin where Sharma J upheld that the prosecution must be able to established the burden of proof throughout the trial. The evidence discloses a prima facie case only when it is uncontradicted and if believed, it will be sufficient to prove the case against the accused. This means that before the defence could be called, the court had to make a determined appraisal of the evidence given by the prosecution and that the prosecution witnesses would have to be subjected to a rigorous test of credibility. In other words,
Laloo Prasad , observed that it is open to the party who called the witness to seek permission from the Court as envisaged in section 154 of the Evidence Act at any stage of the examination and it is a discretion vested with the Court whether to grant permission or not. It was further observed that normally when the public prosecutor requested for the permission to put cross-questions to a witness called by him the Court used to called it. It was further pointed out that if the public prosecutor had sought permission at the end of chief examination itself the Court would have no good reason for declining the permission sought
A prosecutor is a legal official who begins a legal proceeding against the accused. The prosecutor indeed has the responsibility to prove the case against the accused. The accused did not have to prove anything to show that he did not commit the crime. This is because the accused has the presumption of innocence until proven guilty. The prosecution therefore bears the responsibility to attest to the accusation against the accused even if the accused did provide evidence