Criminal procedure

CRIMINAL PROCEDURE Assignment 1 1. The peace officer must be duly authorised by statute to arrest the suspect, with or without a warrant . In order to affect an arrest, the arrestor must exercise physical control over the arrestee . Except for situations where the arrestee submits to the control of the arrester, the arrester may affect the arrest by touching the person of the arrestee or detaining his person by force . The degree of force legally permitted in arresting or attempting to affect an arrest is provided for in section 49 of the Criminal Procedure Act . Either at the time of the arrest, or immediately after the arrest, the arrester must inform the arrestee of the reason for the arrest, or hand the arrestee a copy of the warrant…

Chevar Mcnair In my opinion criminal procedures in our federal and state courts is very unorganized in a plethora of ways. First, everyone does not get the same type of punishment for the same crimes. The fact that there are crimes individuals commit that can be the same exact crime yet get complete different punishments conveys how precarious our criminal procedures in our courts are. I believe everything that is legal may not be ethical. There was once a time where slavery was legal,…

Besides, Article 5(3) of the Federal Constitution explains that:‘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’.This clause shall be read together with sections 28 and 28A of the Criminal Procedure Code to the effect that firstly, a person who is arrested without a warrant shall be brought before a Magistrate for further instruction either to further detain the…

an investigation is launched and through that investigations, evidence is gathered. Once the police feel that they have collected enough evidence to prove a certain person or persons committed the crime, the evidence is taken to a prosecutor who decides whether or not to arrest the individual. Then, when the offender is arrested for a crime, they are afforded certain rights such as the right to counsel, right to remain silent, right to trial by jury, and right to bail. Not all cases make it…

Confession The provisions of sections 164, 342 and 364 of the Criminal Procedure Code and articles 37 to 43 of Qanun-e-Shahadat Order, 1984 deals with confession. Section 164 deals with the recording of confession at any stage before the commencing of an enquiry or trial. Section 342 deals with the examination of accused persons during the course of the enquiry or trial. Section 364 prescribes the manner in which the examination of an accused person is to be recorded. Confession is not defined…

As the rational values of the Enlightenment era increasingly permeated society in the 18th century, criminal investigation became a more evidence-based, rational procedure − the use of torture to force confessions was curtailed, and belief in witchcraft and other powers of the occult largely ceased to influence the court's decisions. Two examples of English forensic science in individual legal proceedings demonstrate the increasing use of logic and procedure in criminal investigations at the…

Courts and Criminal Procedure Many of the prisons in the United States are overcrowded, understaffed, lack the necessary resources, and many are in disrepair. Even with the steadily declining crime rates of the past twenty years, many prisons are overcrowded (Kearney & Harris, 2014). African Americans are more likely to be sentenced to prison for the same type of crime committed as a Caucasian criminal. Laws at the state and federal levels are having a major impact on incarceration rates in…

court. Justice Black further wrote, “This noble idea cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him” (Gideon v. Wainwright (1963), Israel et al., p. 321). It should be argued, that while 50 years later the right to counsel is guaranteed by Gideon, due to a failed patchwork of indigent defender programs, a lack of financial support for defenders, and the sheer volume of arrest in this country, the right to counsel is often times…

A number of challenges currently face the juvenile justice reform efforts. Therefore if my state governor appointed me to a task force to help reform juvenile justice, the ten issues I would identity in need of reformation would include, mental health, youth in child welfare, closing the loophole on status offenses, juvenile indigent defense, probation, keeping kids out of adult jails, addressing racial disparities, group homes and halfway houses, day treatment programs and wilderness probation…

Once the cross examination was done, the judge wanted a 15 minute recess. During the 15 minutes our class had an opportunity to talk to the judge, and ask him questions. The judge was a friendly, down to earth person, who like to joke around with everybody in the court. I never actually saw him put down anybody. The judge told us that he can not release too much information, because it was an ongoing trial. He also told us that there were over 6000 criminal cases, and most of them are not…