Rights of the accused

that the practice of forcing an indigent accused to face trial without legal representation should cease immediately. This practice abused the right of the accused to not be tried unfairly. Australia now recognises the right to not receive an unfair trial. Depending on the circumstances, if an accused remains unrepresented, this could mean that the accused did not or could not receive a fair trial. There is no right in Australian law for an indigent accused to be provided counsel at public…

someone insane is much more detailed and difficult to prove, but with evidence, proving so can be very possible. Insanity in legal terms means that, during the event of the crime, the killer is unable to control himself with strange impulses, mistakes right from wrong, and confuses the real world from make-believe fantasies. The my client, the killer of the elderly man, is legally insane and can be proven with many statements and incidents, all which have been revealed in an interview with Poe.…

Victims’ rights, the victims could participate actively in the trials, include the participation, representation, protection and repatriation of the victims. In Hong Kong, the victims’ rights has written in the Victims Charter. Some victims’ rights has achieved, but some of the victims’ rights in some cases may not be achieved. Also, it is difficult to get the balance between the rights of victims and offenders. The relationship between victims’ rights and offender rights are very complicated,…

criminally responsible for their actions, the accused person must have committed the actus reus and the mens rea. In the case of the accused pleading Not Criminally Responsible on Account of Mental Disorder (NCRMD), the court focuses on whether the accused had the mens rea while committing the alleged offence (Verdun-Jones, 2015). If the accused person did not know what he or she was doing was wrong, or did not appreciate the conduct or omission, the accused will not be found criminally…

guilty, granting everyone the right to a fair trial and due process of law. The right to a fair trial is one of the many rights under the power of the constitution that protect and secure justice, freedom, and equality. All American citizens are guaranteed these rights under the constitution, whether they are consciously aware of it or not, as was supported under the supreme court case Miranda v. Arizona, which resulted in the creation of Miranda rights. Miranda rights are imperative in order…

Australian federal police the next morning, when the police found one of the condoms in the kitchen, and some heroin in a plastic bag under a rug in another room. Dietrich went to the high court arguing that his rights have been infringed when being trialled for the drug related offences. The right to have a fair trial was infringed by the county court due to Dietrich not having any legal representation, or any legal aid while he was trialled…

excluding important evidence based on how it was obtained, which may allow someone who is guilty, to be “free”. The Justice system protects the accused by ensuring that evidence will be attained properly, as well as providing the accused with the right to remain silent and not self-incriminate. These rights are put in place to protect the rights of the accused and to try and prevent wrongful convictions.…

592). The law allows a criminal investigation officers to search the accused when he or she is arrested which includes searching their body, clothes, and belongings (Terrill, 2013, p. 592). If the accused is a female, a female investigations officer will perform the search (Terrill, 2013, p. 592). The law designates the search warrant to collect information associated with the crime…

Criminal Justice System, we ask many questions such as, “what is justice?”and “are equity and the rights of the accused being compromised in the name of efficiency?” Justice is when a person receives fairness and their moral rightness from the legal system which is decided by attorney 's, judges, legislatures, and by society. Based on this definition of justice, we wonder if equity and the rights of the accused is being compromised by the legal system. Many people may think that the Canadian…

an answer as they did not show physical symptoms hence he claimed it to be cursed by a witch. After which numerous other girls in the town started behaving the same way hence people “women” mainly were accused of witchcraft. Taking account of the trials and executions preceded the majority accused were women out of 140 trials approximately 33 were against men. And from the 20 executed 13 were women and 7 men. Taking to account the women who were executed among whom were Bridget Bishop on June…