Rights of the accused

months due to a delay within the institution (Betterman). He believes that fourteen months should be taken off of his sentencing. This began the ultimate constitutional debate concerning what he considered his right to a speedy trial. The ruling claimed by the Montana Supreme Court stated the Sixth Amendment’s Speedy Trial Clause does not apply to the post conviction and pre-sentencing delay (Betterman). The constitutional issue that arose in the court’s ruling in this case is centered on the first and second phases, out of the three that unfold in a criminal proceeding. The phases include; decision to arrest and charge, innocent until proven guilty, and imposition of the sentence (Betterman). Betterman argued violation or unfairness of the checks and balances associated with the first and second phases. The statute of limitations provides protection against a delay in the arrest and charge phase. The Due Process Clause provides a safety net…

Canada comply with the right not to testify against oneself or confess guilt? The Charter of Rights and Freedoms in Canada is a bill of rights that guarantees the rights and freedoms of Canadian citizens from the policies and and actions of all levels of government (the Charters). Section 7, 11, and 13 of the Charter protects guilty as well as innocent individuals when accused of a crime. It allows cizitens to remain silent and not testify against oneself during an interrogation process. The…

assignment of merited rewards or punishments” and “the establishment or determination of rights according to the rules of law or equity.” Justice is the upholding of what is morally and legally right in the eyes of the law and those that create it. It is the pursuit of truth. And as much as the justice system tries to be efficient and effective in the execution of justice, the pursuit of what is right should and does take priority. Victims and Accused both have rights and the justice system…

Freedom to work and to be anything we want to be. Freedom to vote and make your voice be heard.Being in the army is volunteer, not directed by being drafted or law.Freedom of speech to say what is on our minds long as it doesn't harm another. Freedom of press to be able to write whatever you want.Freedom to travel across provincial borders as many times as we like, as well as freedom to travel or live in another country with a valid passport or visa.We are free to go to schools of our choice…

Forensic Psychologists are employed to assist the court in determining the guilt or innocence of an accused. They are trained to apply principles of psychology to the justice systems. They are used in criminal cases (but can be used in other instances as well) to assess an accused’s mental state and criminal capacity at the time of the alleged criminal event. Have an understanding of the legal approach to important issues of guilt, criminal capacity, intent, negligence and the sentencing of an…

Victim Rights These passages present a discussion about arguments concerning victim rights. This is an important debate to victims of violent crimes since victims deserve justice for the crimes perpetrated against them. The two positions argue whether or not a victim's rights should take priority over the rights of the accused. Both viewpoints have valid points warranting consideration; for example, evidence indicates that criminals should be held accountable for crimes they have commited. In…

Introduction Within the Canadian criminal justice system, the concept of due process maintains fairness and equality for everyone involved. All accused parties are given the ability to be presumed innocent until proven guilty, therefore, the onus is placed upon the prosecution to prove that the defendant is indeed guilty beyond reasonable doubt. Since the introduction of the Charter of Rights and Freedoms as part of the Constitution Act, 1982, the rights for the accused have increased…

Amongst the legitimate goals of the government is to punish those who go against the rights of others by committing forceful or violent acts, such as robbery, theft, trespass, burglary, or rape. Nonetheless, the matter does not often end there, as there are proper inquiries that must be made in time to ensure that people are convicted only of crimes they have induced themselves. In the United States, the right of the accused entails the right to due process, a fair trial, and privacy. The…

Introduction Every human being has a right to representation in the face of law. This might be through an appointed body or by self. It is for this reason that human rights activists and other such like bodies put much effort to enlighten and ensure that this case is observed at all costs (MCBride, 2006). In a case of crime, the law purports that the guilty party must be proved beyond doubt that they actually did act in manner that will beyond reasonable doubts attribute them to the crime.…

Keonna England Charlotte School of Law Comparative Law: Haiti and the United States Summer 2016 Right to a Speedy Trial and the Lack Thereof I. INTRODUCTION AND BACKGROUND The judicial systems of Haiti and the United States are vastly different in respect to the length of time that the accused can be detained without a trial. American citizens have a fundamental right to a speedy trial after they have been arrested and detained which is outlined in the Sixth Amendment. The Sixth Amendment states…