The prosecutor or the police having separate law to deal with their conduct may misuse their power and is likely to exceed their authority, which they are not entitled to. Supremacy of law and equal treatment of the law for all segments of the society is not entertained. (C, 1996) After a close analysis of the inquisitorial and adversarial system of justice l came to the conclusion that the systems have provided an interesting comparative insights. Those attempts reveal important contemporary goals of criminal procedure.
The defense counsels can argue against the safeguard of accused before they are proved guilty with support of constitutional safeguards. The law enforcement officers cannot harass the accused or defame the accused because they are protected by the amendments in the constitution. The 4th Amendment states that unless there is warrant the house or accused cannot be searched. The law enforcement officers need to take permission before arrest or searching the accused. Due to this amendment in the constitution the adult criminal can get relief before they are proved guilty.
Treason Trials Act of 1696 Name: Institution: Historical factors and features of the lawyer-free criminal trial which led to the introduction of the Treason Trials Act of 1696. Introduction As the name suggests, the Treason Trials Act laid down rules and procedures for conducting high treason trials (Wilkes, 2007). Prior to this Act, a criminal defendant in England was not allowed to be represented by counsel during trial. The existing treason law was extremely harsh, providing little opportunity for the accused to prepare an adequate defence, which more often than not enabled trumped-up treason charges to succeed. Something therefore had to be done to make sure that the defendant was accorded a fair hearing during trial (Langbein, 2003, p. 90).
Subsequently, it would be judicious to challenge the said issue by government and security agencies to exterminate it (Pervaiz, 2014). So, this paper offers the assumed article’s brief, which is written by Nick Gillepie. In addition, it includes how articles’ talked matters upset the certain area of the criminal justice system. For a second time, it discusses the problems and solutions associated with the article’s theme of vicious
This term refers to the “law and order” and “get tough on crime” movements. The two movements focused on punitive prison terms, firm parole and probation guidelines, and the loss of almost all your rights after being convicted of a felony crime. Another issue, Alexander stated, is the growing power of the authoritative discretion. Alexander is not trying to get the reader to see the blatant forms of racial injustice with our government, but the subtle biases that they try to conceal by making them
Crime has been defined in general as an act or omission that has been forbidden by law and is usually associated with a sanction. John Stuart Mill, in his Harm Principle stated that an act should be criminalised based on the harm it has inflicted on other people. The State is justified in criminalising acts that crates unjustifiable and serious risks to others. A victimless crime is when a particular act does not have any victim or when the only person who is affected is the person committing it or when the person who will be classified as a victim has consented to such an act. As there is no clear victim in this case the principle of harm will not be applicable here and would not be considered as an act that can be criminalised.
However, less protected speech still enjoys a level of protection under the First Amendment. In the case of New York Times Co. v. Sullivan, the standard for malice on how far the press is allowed to report on a public official before it is considered libel was established. Libel is written communication that is sometimes defamatory in nature and might cause harm to an individual. At times, written and printed information can be false and harmful to the reputation of a public official. In the Sullivan, case Justice Brennan wrote that the debate over public issues should be “uninhibited, robust, and wide-open.” Since the information printed by the New York Times was not accurate toward the public official, the Court understood that free speech should be given more latitude before it was considered libel.
INDIAN PENAL CODE, 1860 The Indian Penal Code, 1860 is the primary and the most important penal law in India. The Code defines and prescribes punishment for a myriad of acts which constitute crimes in India. From the point of view of the advertisement and media, the Indian Penal Code is relevant as it bars the display and dissemination of certain content. The Indian Penal Code prohibits the dissemination of any obscene material and also bars the publication of matter connected with unauthorised lotteries and publications of appeals using national symbols for furthering the prospects of any candidate at an election. Reference can be made to Sections 292 and 293 of the Indian Penal Code.
A complaint is a disapproval and/or accusation expressed by someone who has been affected by an adverse event (crime). A police complaint is a legal document detailing the grievance and the adverse event. Under the Criminal Procedure Code (CrPC) of 1973, crimes are classified as: 1. Non Cognizable Crime: A crime in which the police cannot make an arrest or launch investigations without a warrant from the court. In this case a complaint is registered by the police and for the purpose of initiating investigation, permission from court is awaited.
Any accusation should base on facts. However, at that time, Ma Chui Sing (Ma) had earlier been found guilty of defamation and has been fined. The so-called demonstration is just Ma who repeated the untrue allegation about Oriental. So, Ming Pao reported this news can regard as relayed libel. As a wildly circulated and have a high reputation newspaper in Hong Kong, it is very common for an ordinary reader to think that Ming Pao would not select news items