The colonists listed this is a reason to separate from England in the Declaration of Independence. The US Constitution gives American the right to a criminal trial by jury, and the Bill of Rights gives us the right to impartial jury in the Fifth, Sixth, and Seventh Amendments. To truly be impartial jury and avoid biased decisions. The jury of twelve ordinary citizens swarms to solely
He recognizes that the duty of law enforcement is to not only enforce the law for others but it is also to abide by the laws they are there to enforce. Furthermore, He also believes that the police force are harming the citizens by not obeying the law. “He[Mr. Chiu] has trusted that those with authority will operate morally and will honor, even revere, the truth, values he upholds as well.” (general 239) Those in authority are corrupt and Mr.Chiu attempts to use logic and reason with them. He is still a law abiding citizen but his frustration causes him to grow impatient with those in charge. “ Now you can admit you are guilty,” the chief said[...] “We won’t punish you severely provided you write a self-criticism[...] Mr. Chiu cried.
In the textbook there are two models of justice being explained they are the crime control model and the due process model. The crime control model is where emphasis is being put on reducing crime that is going on by increasing the police and prosecutorial powers. The due process model puts emphasis on protecting the rights of the person. The supporters are concerned about the lawbreaking aspect of it. The supporters see the need to protect the public from predatory criminals.
Parliamentary sovereignty is done away with and replaced with constitutional supremacy which means the constitution is supreme and the highest law in South Africa. The majority party is the ANC which puts the DA second in line however the question is whether having such a strong majority party could have a negative impact on the parliaments function to represent the citizens of South Africa. 2. Parliamentary sovereignty In the past parliament catered for the minority and excluded the majority which consisted on the basis of race and colour. The representatives in parliament are elected by the people and they have to be responsible to the people and protect them.
After reading the Good Samaritan Home case, I believe it would be classified as criminal and civil case. Criminal law is considered a wrong doing against society and civil law would be considered wrong between individuals. With this case, I believe it would be criminal because of all the state laws that go in together with running a facility like this; the state and people of the county would have to get involved. Not only by talk or reading the news in the newspaper but also by attending jury duty. I also think this case is civil because the family of the abused/neglect could press charges.
As such, equality law seeks to remedy a problem through imposing certain injunctions in order to solve a problem. However, one important aspect of the 7th amendment is that it bars the judges from overruling the findings of a jury unless there was such a violation of a common law; hence, in all but a few cases, the ruling of the jury will be regarded as a violation of the 7th amendment. Further, the 7th amendment makes specifications that the jury has to be unanimous in all civil cases. Therefore, in my own view, the 7th amendment is beneficial since it protects people from the rights that are abused by the government. It achieves this by ensuring that the government cannot simply lock people up in jails or prions; hence by doing so it protects the citizens from unnecessary tyranny by the government.
The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes.
Corruption in the law enforcement is still a great issue we face today and there is ways to prevent this heinous act of selfishness such as having a strong leadership and operational procedures in the sense that law offices should always have an eye kept on them by higher officials. Of course there are police officials that work for the law and abide by the rules, but the litter of corruption can soil the whole reputation of the police department. By constantly keeping up with regulation and monitoring the actions of a police officials, corruption can be prevented and eventually be stopped permanently. (Grant
It helps give people who are innocent but is also the prime suspect a fair trial and time to try to prove they are innocent. The Miranda Rights also help people know what their rights are while being arrested. The Miranda Rights are important because it helps gives people a fair trial. If people can not afford an attorney then one will be appointed to them. While being questioned, he will help protect their born,god given rights.
Just as in other countries, the law in Malaysia can be found not only in legislation, but also in cases decided by the courts. The courts in question are the Federal Court, the Court of Appeal, and the two High Courts. This is because only decisions of superior courts are sources of law as they are the courts that decide on matters of law whereas lower courts generally discuss on matters of fact. Decisions of the higher courts are binding to the lower courts which is known as stare decisis. Stare decisis is a latin term which means to stand by what has been decided.
The Judiciary- Judges have an important role within the court system, because they are legal experts of the law if the prosecution and defence are in dispute. The judiciary mange and oversee the conduct of trails and they sum up them up for the jury in a criminal case. They also pronounce sentence if a defendant is found guilty. In order
The national and state government both have power which the people can appoint to represent them. It imposes laws to keep corruption and illegal behavior from those that can hurt citizens. Under the constitution we have checks and balances. It distributes power onto the Executive, Judicial, and Legislative so no one is more powerful than the other. Our government has created laws to keep peace and order within its borders.
The Judicial branch is the law interpreting branch of government, article III of the constitution establishes a federal system of courts that are separate from the state courts, judges are appointed for life unless they are impeached and judges are also independent of the other two branches and through their exercise of judicial powers judges cannot be threatened by either the executive or the legislative branch. Separation of powers helps guarantees that all government power doesn’t
Restorative justice offers the process for those affected by criminal behaviour such as the victims, offenders and families to take part in resolving the issues. According to some of the proponents of the restorative justice, crime is wrong not because it is an offence against the society. However, it is a wrong as it is a violation of a person by another person.