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.
Wrongful convictions have plagued the world throughout history. When crimes are committed the public feels ascertain a way about the situation. Depending on the severity of the issues, the last thing the public wants is for the criminals to get away. The pressure intensifies to catch some one for the crime. The technology advancements alone have led to several cold cases freeing the wrongfully convicted.
If proper steps are not taken an individual can be wrongfully convicted due to cognitive biases, institutional pressures, and normative features of the criminal justice system. For this reason, it is extremely important to take many factors into account when analyzing a case from the moment the individual went in for questioning till the moment the case is closed. Rightful steps must be made so that the presenting cognitive and physical biases do not cloud the judgment of the prosecutors or judges. For this reason, it is imperative that the criminal justice system has a comprehensive understanding of how tunnel vision can affect the system as a whole regarding criminal case
Due to the severity of the crime John Burke is charged with, the judge decides to deny John Burke bail, and have him detained in the local jail. Now for the sake of this study, I’m going to say that no plea-bargaining was done and that John Burke entered a plea of not guilty in the murder of Joseph Ronan and waived his right to a preliminary hearing. In a preliminary hearing, “The prosecutor must show that enough evidence exists to charge the defendant” ("Preliminary Hearing"). Since Mr. Burke waived his right to a preliminary hearing the following step in the process would be going to
Even though there could be a refute with the evidence saying Adnan was guilty, there is too little to make a strong case with no question or hard evidence counteracting why he is innocent. There are crossroads with the Jay Wilds- a friend of Adnan 's at the time hearing, along with the cellphone records. “Jay 's story wasn 't just the foundation of the state 's case against Adnan. It was the state 's case against Adnan”(Sarah Kenick). Adnan Syed was wrongfully convicted due to unsettled answers and evidence in the hearings of Jay Wilds and contradicting cellphone records.
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.
However, where they feel the crime is out of their power, they will hold the relevant pre-trial hearings and send you to Crown Court. A Crown Court has a Judge and in here Solicitors can not represent their client, only barristers. It is here that a Judge will decide your sentencing (if pleading guilty) or you will be subject to a trial with a jury, and these things could not happen at a magistrates court. The Crown Court deals with the following types of cases: more serious criminal offences which will be tried by judge and jury. Appeals from the magistrates court - which are dealt with by a judge and at least two magistrates.
Criminal accountability refers to the responsibility taken for one 's actions when a crime is committed, these crimes may include sexual abuses, theft and murder. Accountability is intended to make sure every crime is taken under prosecution to maintain peace and equality in the country, however, the accountability of one that works within the UN body or with the government remains unclear due to many factors such as immunity, which exempts the criminal from being punished for the crimes they have committed. This is a major problem as it is biased and lacks justice to the violated victims, therefore, it must be taken under extreme deliberation in order to bring peace and exclude discrimination. Iraq has taken extreme care to amend and implement the “Penal Code”, which is a code that aims to categories criminal offences and adopt legal legislations to develop punishments for all the types of possible crimes. The most recent amendment to Iraq’s Penal Code 111 of 1969 was “The Provisional Authority Order No.
New provisions should be inserted in the Protection of Human Rights Act, 1993 which empowers the Human Rights Commissions to grant compensation or even immediate interim relief to the victims or members of their family, for violations of Human Rights. 15. The regional offices should be established for the NHRC for the convenience of the general public in India. 16. The National Human Rights Commission must be empowered to observe the decisions of the Supreme Court protecting Human Rights and any failure in the implementation of the decision may be brought before the Supreme Court of India for adequate
The accused must be so far away at the relevant time that he could not be away at the place where the crime was committed. TAKE ON PLEA OF ALIBI IN DARSHAN SINGH V. STATE OF PUNJAB FACTS IN BRIEF: There was dispute between complainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields. On account of this, earlier there had been incidents of assaulting each other. Additional Sessions Judge framed charge against all the accused relating to offences punishable under various sections of IPC to which accused pleaded not guilty and claimed to be tried. The trial court after hearing the parties found that charge as against some of the accused is not proved and, as such, they were acquitted and sentenced some of the accused who were convicted for murder under s 302 of IPC.