Is a unjust law one that doesn’t bind lawmakers to obey ?. Is one justified when disobeying an unjust law ? . I believe that there is a difference between laws like MLK. However, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”.
On the case of R. v. Noway, the court renders Noway not-guilty of the charges put forth on him which is the violation of the known and enacted criminal law 253 - operation of a motor vehicle while impaired. Criminal law seeks to provide justice to society. To be charged with a criminal offense, the prosecution must prove beyond a reasonable doubt that a crime has been committed. This ‘burden of proof’ precedent was established in R. v. Oaks case which enacted that, all elements of the criminal code must be met including the mental intention; in order for the courts to exercise their authority and punish an accused person. Moreover, the rule of law [(1) that the laws are known and enacted, (2) government action is authorized by law and (3) everyone is bound by the law] also renders laws to avoid arbitrariness so that it is clear when a person is in violation of the criminal code.
The Magna Carta was a legal document that gave people rights such as no cruel or unusual punishment and property rights. It was created to limit the power of the monarch and to make sure the power of the monarch was not abused. The Bill of Rights was greatly influenced by the Magna Carta because it consists of laws that are very similar to ones in the Magna Carta. For example, the laws for no excessive fines or punishments and the protection of property are extremely similar to laws in the Magna
Laws define what is criminal, but it is up to the criminal justice system, and those who work within it, to interpret those laws when dealing out punishments (Goff, 2013: 29). Procedural law on the other hand, is how those laws defined in substantive criminal law get enforced. It is the criminal justice processes that an offender goes through, and includes safeguards to protect the accused as they make their way through these processes (rules of evidence, law of search and seizure, and right to counsel are the examples given). Procedural criminal law is often referred to as due process, but in the Charter of Rights and
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached. However, can the civil justice be said to be without blemish whatsoever?
With such an expansion come more responsible of the government to protect the new people. Hammurabi’s codes provide us with rare insight into the daily life of ancient urban society. Law Codes give us an idea of a people’s sense of justice and notions of proper punishment. The laws were set up in different topics which include, property, theft, economics, contracts, family, marriage, assault, personal injury, responsibility,
“If a Law is unjust, a man is not only right to disobey it; he is obligated to do so”- Thomas Jefferson. Law is a system of the principles and regulations that are established in society that govern people’s behavior. Generally, law consists of two main legal systems; common law or criminal law. Civil law controls and determines disputes of individuals and corporations with their private rights and liabilities. On the other hand, Criminal law includes prosecution of criminal offenses and the punishment of crimes.
A constitution is a set of fundamental and entrenched rules governing the conduct of an organisation or nation, establishing its concept, character, and structure. It is usually a short document general nature and embodying the aspirations of values of its writers and subjects. (Business Dictionary, 2015). A constitution is the ultimate authority; any action, which contravenes the rules of the constitution, will be both unconstitutional and unlawful. It will also help identify the rights and freedoms of citizens through a bill of rights, which operates both to protect citizens and to restrict the power of the state.
They should not make an assumption off of beliefs and not the facts. A lawyer may see the arrest in the news or hears gossip and forms opinions of the subject’s guilt without seeing the facts. The subject is innocent until he or she is proven guilty. The whole function of a court system is to prove innocence or guilt based on facts. The police arrest based on weather they have probable cause or not.
Police officers, judges, attorneys, the suspect themselves, witnesses and jurors all are bound by the laws of ethics and are required to be honest and diligent concerning the issues brought forth. The main idea of ethics in the criminal justice system is the concern of humane and fair treatment of any person accused of committing a crime, any person who is in need of legal protection, and so that rights are not violated based on race, religion, sexual preference or political view. The ethics of a police officer can influence the opinions of a society, as it has within recent years. Including how the police interacts deals with other races and with a community. When a community feels that an officer’s judgement is unethical and bias, the community will