For that purpose it is the duty of prosecution to prove that guilt beyond reasonable doubt. The benefit of the doubt goes to the accused. But if the guilt is admitted by the accused then there is no need to prove the case beyond reasonable doubt and sentence can be awarded according. But in the modern era, the punishment to the accused must be awarded keeping in the reformation and rehabilitation. In other words the rights of the accused are also given due importance.
When the defendant’s wrong does not fit in any of these pigeon holes he is said to have committed no tort. Hence this theory of Salmond is also known as pigeon hole theory. However the theory of pigeon hole has been criticized by the latter writers as they feel this theory, if accepted, will put an end to the growth and evolution of the new categories of liability in tort and the Courts could be prevented from identifying any new torts based on the violation of the legal rights of a person. Torts are infinitely various and not limited and confined. The novelty of claim may arise and Court may recognize a novel claim.
The reason for the clause is so the American government operates within the law. More specifically so the American justice system operates within the law and the constitutional rights of all citizens. The Fifth Amendment holds true in this. This amendment states that no one will be convicted of a crime without the due process of law. In addition to that, every person has the right to a fair and equal trial as the next person.
Also Article 40:3 of the constitution of Ireland guarantees to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen. The reason for prosecution is to punish the criminals that guilty, also to show presumption of innocent which is a legal right of the accused in a criminal trial and it is also regarded as human right according to the Article 6 of the European Convention of Human Rights ACT 2003, ‘’In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of
Following the provisions of the Constitution of the Republic of Cyprus, every individual charged with an offense is considered as being innocent until proven guilty. Therefore, the prosecution must prove that the accused individual is guilty by providing reasonable evidence. Nevertheless, in some cases, the burden of proof may fall on the defense side. In addition, it should be highlighted that criminal responsibility and/or sanctions are imposed only if there is a clear criminal intention. That is to say, the mental state of the accused is taken into consideration.
Role of Victim in Criminal Justice System in India recent trends More than fifty years ago Justice Benjamin N. Cardozo of the United States Supreme Court wrote "justice, though due to accused, is due to accuser also. The concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true." The fundamental principle of a judicial system is fair trial and justice to both, the accused and the victim of crime. In order to apply this principle there involves a delicate judicial balancing of competing interests of the accused, the public and the victim.
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,
Governments cannot do anything that may causes the citizens to feel threatened, or else they will have to step down from their position as a country’s leader, as the citizens have the power to freely express their dissatisfaction without worrying about the restrictions. So it is proven that an amendment regarding absolute freedom of speech will ensure the rights of the citizens will always be protected by the
The prosecution therefore bears the responsibility to attest to the accusation against the accused even if the accused did provide evidence in the trial. The prosecution hence has in fact the burden of proof to determine the guilt of the accused. The prosecution must without a doubt be able to demonstrate the truth of every element of the crime to institute a case against the accused. This includes that the accused is truly the perpetrator. The prosecutor thus has to submit relevant evidence related to the crime before the judge to be examined.
Introduction The idea of liberalism provide not only a theory of freedom, equality, and the public good, but also a discipline of power. Liberals believe that government is necessary to protect individuals from being harmed by others, but they also recognize that government itself can pose a threat to liberty. Article 5 Liberty of the person No person shall be deprived of his life or personal liberty save in accordance with law. Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. Case law (Rozmi bin Yusof v Public Prosecutor,  5 MLJ 66 Article 10 Freedom of speech, assembly and association (1) Subject to Clauses