Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
Despite this, it is stated that following precedent too rigidly may cause an injustice. It is important that the law adapts with the times and judges in the Supreme Court may depart from a previous decision when 'right to do so'. However, the Practice Statement also recognises that it is important to be careful when departing from precedent as it may cause more injustice than if left alone. The first practical application of the Practice Statement was seen in Herrington v British Rail Board 1972 when the then House of Lords held that "any person bringing a dangerous animal on to their land must bear full responsibility"
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.
As discussed within this paper the vast amount of studies and research surrounding the 'legal' causes of miscarriages of justice are just simply being reinvented. This will not eradicate the problem, it just highlights the need, to expand on the existing tactics, in order to accomplish a deeper understanding, of the causal factors of miscarriage of justice cases. There is also a need to search for the truth, and as all evidence has the ability to become contaminated, the CPS should acknowledge, that there is possibility, for eyewitness evidence to be contaminated also. It is essential to develop a criminology of miscarriages of justice in order to gain an in depth understanding of the root causes in order
After all, it is he or she whose alleged conduct is under scrutiny by the court, and who is facing the possibility of punishment, including in some cases, the loss of liberty. Because conviction can carry such serious consequences, most commentators agree that it is more important to avoid the wrongful conviction of the innocent than the wrongful acquittal of the guilty. The need to avoid wrongful convictions requires the criminal justice system to assume that the accused is innocent until found guilty, and to
Someday, I didn’t even wanted to go to school because my teachers used to use a strong punishment for students who come to class and they’re not prepared. The most difficult part was for me was pronunciation since my major was “English” and we usually don’t practice English in my country except for “ doctors” and “engineering” I had many words that couldn’t even read neither pronounce it. I think that our minds must be area or gap for choice about how to think in order to understand things well as Ho thoughtful about children’s mind in the article 2. Which of Ho’s ideas
Such as parents banning books so their children do not have to read books that they think are inappropriate. I believe books should not deserve to be banned in Liberty High School because we Junior High School students deserve to read unique kinds of books so we can experience the different qualities that books have. For instance, in my high school career, I have read books that have been banned but there are two specific books that I’ve been concerned of; which is Flowers for Algernon and Romeo and Juliet. A number of parents have banned these two specific books
Key differences between white-collar crime and other types of crime is that white-collar crime generally requires the victim to comply in being victimized in contrast to murder, robbery, assault or rape. The distinction is other types of crime create a clear representation there has been a violation, despite the fact that the identity of the person responsible may not be
The protective principle: 4. Disciplinary Principle: - Evidence law is principally about the search for the truth but sometimes needs to be changed to protect people and to look at the purpose of the people. - In relation to this particular act – the government have said that the main objectives of this act are to set in place rules that allow any information that is reliable/likely to lead to the right outcome and relevant (so we don’t let in anything) unless the information will unfairly prejudice a person involved in the court proceeding → seems to embody most objectives except the disciplinary principle. - NB: when unclear about the way evidence law ought to apply in particular scenario, refer to the 3 objectives to determine what outcome would advance the goals in this scenario. Longman warnings: Source: http://www.alrc.gov.au/publications/28.%20Other%20Trial%20Processes/longman-warning 8.36 In Longman,[54] a complaint was made more than 20 years after the alleged offence.
Laws have been put in place for the protection and many of them are based on what society sees as right and wrong. In everything, we do there are laws set in place to protect us from people who wish to use harm whether it is physically or financially. Laws help right a wrong and give results that can sometimes make all parts whole. Some laws are meant to punish the wrong doers and give victim's justice. Not all laws are created equally or fairly, but they do bring a sense of balance.