This document discusses arguments for a new legislation that would allow evidence obtained illegally to be used in court. It argues that this is fair because it means criminals cannot escape justice due to technicalities. It believes police should be trusted to do their jobs, and that courts can make right decisions considering all evidence. The current exclusionary rule is seen as focusing too much on how evidence was obtained rather than the criminal acts. The new legislation would make the justice system more just and fair by examining the full situation.
Know The Law: What Should You Do If Your Car Is Stopped By The Police?Jason Nathu
After a week of tragic events in the United States, including allegations of police brutality, racially motivated killings and the slaying of five police officers, we thought that we’d ask the question: “What should you do if your car is stopped by the police in Trinidad and Tobago?”
It goes without saying that you should generally be polite and compliant, but there are a few things to keep in mind. These issues are addressed in our third #KnowTheLaw information guide.
The Hugh Wooding Law School Human Rights Law Clinic aims to assist the average citizen to understand how the law works and how it can protect you.
Some of the content in this guide was adapted from the Street Law Handbook produced by our friends at Street Law South Africa.
This information is provided for information purposes only. Of course, if you require legal advice, please contact an attorney-at-law.
THE NAZ FOUNDATION CASE (Section 377) - Interlinking and HyperlinkingUtkarsh Kumar
The Naz Foundation (India) Trust, the original petitioner in the constitutional challenge to Section 377, IPC, has filed a petition seeking review of the judgment of the Hon'ble Supreme Court in Suresh Kumar Koushal v. Naz Foundation (India) Trust (Civil Appeal No. 10972 of 2013). On 11th December, 2013, the Hon'ble Supreme Court, in a regressive decision, has upheld the validity of Section 377, IPC that criminalises all penile non-vaginal sexual acts between consenting adults and has set aside the judgment of Delhi High Court of 2009 that had decriminalized adult consensual sexual acts in private.
Represented by Lawyers Collective, the Petition argues that there are a number of grave and manifest errors of law and wrong application of law in the impugned judgment that need to be corrected under review by this Hon'ble Court. The judgment is contrary to the grain of Hon'ble Supreme Court's own jurisprudence on advancement of fundamental rights and freedoms of all persons, especially those who face marginalisation in society. It completely dismisses the foreign jurisprudence from all over the world and international human rights law on sexual orientation and gender identity. Reliance on the principles of judicial restraint and Parliament's prerogative to change laws is misplaced, when the law has been challenged for violation of fundamental rights of individuals, as is being done in the present case.
Seeking an interim stay on the operation of the judgment, the petition notes that it has caused immense prejudice to all adult persons who engage in consensual sex, particularly those from the Lesbian, Gay, Bisexual and Transgender community, who suddenly have been put at risk of prosecution under criminal law. In the last four years, many persons from the LGBT community have become open about their sexual identity and disclosed their intimate relationships on the basis of the High Court judgment decriminalising the same.
The Petition further states that since it raises significant issues of constitutional import of substantial public interest and far reaching public importance, an oral hearing ought to be given by the Hon'ble Supreme Court.
This is a powerpoint that contains basic information on Lay Magistrates, and it informs you on how you can become a magistrate for your local magistrates court. It also has a link at the end of the powerpoint so you can apply to be a magistrate.
Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)CS Jigar Shah
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as POSH Act is one of the important legislation and compliance is mandatory for almost every organisation in India be it Company, Sole Proprietorship or LLP. In this PPT we try to cover basic compliance of law for the easier understand. To read Act, please click on http://bit.ly/2EFkBEo
Know The Law: What Should You Do If Your Car Is Stopped By The Police?Jason Nathu
After a week of tragic events in the United States, including allegations of police brutality, racially motivated killings and the slaying of five police officers, we thought that we’d ask the question: “What should you do if your car is stopped by the police in Trinidad and Tobago?”
It goes without saying that you should generally be polite and compliant, but there are a few things to keep in mind. These issues are addressed in our third #KnowTheLaw information guide.
The Hugh Wooding Law School Human Rights Law Clinic aims to assist the average citizen to understand how the law works and how it can protect you.
Some of the content in this guide was adapted from the Street Law Handbook produced by our friends at Street Law South Africa.
This information is provided for information purposes only. Of course, if you require legal advice, please contact an attorney-at-law.
THE NAZ FOUNDATION CASE (Section 377) - Interlinking and HyperlinkingUtkarsh Kumar
The Naz Foundation (India) Trust, the original petitioner in the constitutional challenge to Section 377, IPC, has filed a petition seeking review of the judgment of the Hon'ble Supreme Court in Suresh Kumar Koushal v. Naz Foundation (India) Trust (Civil Appeal No. 10972 of 2013). On 11th December, 2013, the Hon'ble Supreme Court, in a regressive decision, has upheld the validity of Section 377, IPC that criminalises all penile non-vaginal sexual acts between consenting adults and has set aside the judgment of Delhi High Court of 2009 that had decriminalized adult consensual sexual acts in private.
Represented by Lawyers Collective, the Petition argues that there are a number of grave and manifest errors of law and wrong application of law in the impugned judgment that need to be corrected under review by this Hon'ble Court. The judgment is contrary to the grain of Hon'ble Supreme Court's own jurisprudence on advancement of fundamental rights and freedoms of all persons, especially those who face marginalisation in society. It completely dismisses the foreign jurisprudence from all over the world and international human rights law on sexual orientation and gender identity. Reliance on the principles of judicial restraint and Parliament's prerogative to change laws is misplaced, when the law has been challenged for violation of fundamental rights of individuals, as is being done in the present case.
Seeking an interim stay on the operation of the judgment, the petition notes that it has caused immense prejudice to all adult persons who engage in consensual sex, particularly those from the Lesbian, Gay, Bisexual and Transgender community, who suddenly have been put at risk of prosecution under criminal law. In the last four years, many persons from the LGBT community have become open about their sexual identity and disclosed their intimate relationships on the basis of the High Court judgment decriminalising the same.
The Petition further states that since it raises significant issues of constitutional import of substantial public interest and far reaching public importance, an oral hearing ought to be given by the Hon'ble Supreme Court.
This is a powerpoint that contains basic information on Lay Magistrates, and it informs you on how you can become a magistrate for your local magistrates court. It also has a link at the end of the powerpoint so you can apply to be a magistrate.
Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)CS Jigar Shah
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as POSH Act is one of the important legislation and compliance is mandatory for almost every organisation in India be it Company, Sole Proprietorship or LLP. In this PPT we try to cover basic compliance of law for the easier understand. To read Act, please click on http://bit.ly/2EFkBEo
This paper is about fact-finding procedures in Chinese criminal trials. It traces general rules setting out fact-finding procedures, and describes the roles that various legal actors that should play to ensure that they are followed properly. It will further examine how Chinese law balances the duty to determine the truth and the principle of protecting individual rights from potential infringements in criminal cases. Based on the conflicts between truth-seeking and human rights protection, this paper will conclude by discussing limitations in Chinese fact-finding procedures and will suggest how they can be mended.
Running Head: CRIMINAL JUSTICE SYSTEM 1
CRIMINAL JUSTICE SYSTEM 6
Research Questions
High incarceration rates are my research issue in criminal justice. Criminal justice comprises law enforcement agencies that include police, courts, and correctional services. Each of these parties has delegated roles to play in ensuring that citizens adhere to the law; they are protected, offenders are arrested, and prevent the possibility of people engaging in crimes (Telep, 2016). The criminal justice system has established processes that are established by the governments that control crime and enforce penalties on the people who violate the law. Therefore researching it engages in facilitating more thoughts and insights into the sector by enhancing more education into criminal justice studies.
There is the use of empirical research methods that are being used in determining the phenomena that affect the criminologists. The study furthers the criminal justice studies with both qualitative and quantitative research in evaluating the issues facing the sector. The education for the criminal justice parties interests me as I would like to understand the training offered to the people in the sector. The knowledge, they are provided within ensuring that they delegate their duties effectively and with great professionalism (Annie, 2020). The sector carries a large number of people who are crucial in ensuring that the laws provided by the Constitution are adhered to by citizens. There is a need for criminal justice to be improved to facilitate more insights on getting better methods for enhancing law adherence.
Another concept that relates to my issue of high rates of imprisonment is ethical practices in the sector. Law enforcers need to portray integrity and honesty in delivering their obligations to ensure that the conviction process does not favor particular individuals. The law enforcers' integral values need to be examined to ensure that people who are alleged to have broken the law are brought to justice through clear and concrete evidence (Heaton and Tong, 2016). The law enforcers should not engage in unlawful activities that cover up crimes for influential people in the society in the event of breaking the law. Ethics should facilitate the conduct of the criminal justice system in reducing imprisonment rates.
The issue of substance abuse that has increased in correctional facilities pose a major threat to the obligation of criminal justice protecting the public. This issue relates to the increase in conviction rates as the correctional facilities have failed to restrict the use of illegal drugs. The cases of heroin use in prisons may be a factor to consider in evaluating the increase in rates of conviction (Tilley and Laycock, 2018). The criminal justice system need to .
This presentation, to accompany section 15.3, reviews earlier concepts such as habeas corpus, bill of attainder, and ex post facto laws. It also introduces aspects of the legal system: bail, and plea bargain.
Provided by Darren Chaker, this is an excellent publication concerning obtaining police records. Booking photographs to police report for all 50 states.
2. For the new legislation
" . . . Evidence obtained as a result of a
search or seizure that is otherwise
admissible in a Federal criminal
proceeding shall not be excluded in a
proceeding in a court of the United States
on the ground that the search or seizure
was in violation of the fourth amendment
to the Constitution."
In short, the new legislation states that
even if the evidence is obtained illegally,
the evidence against the criminal would
still be permissible to be used in the
court.
3. I believe this is a good legislation because it
punishes the guilty, not the innocent, allows
the police to do their job, makes room for
improvement for new exclusionary laws, and
it make the justice system more fair.
4. Reasons for the New
Legislation
The guilty can rightly
get convicted
We should trust our
police
It looks at the whole
situation
The citizens put their
trust in the Judicial
systems to make right
decisions
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5. The Guilty Can Rightly Get
Convicted
Initially, the real people who
were punished were the people
who did their jobs as law
enforcers and the victims of the
crime
With the new legislation, the
criminals will remain guilty no
matter how the evidence was
obtained.
http://www.google.com/url?sa=i&rct=j&q=exclusionary+rule&source=images&cd=&cad=rja&uact=8&docid=bs471VeUNKo3JM&tbnid=7BqwBngW16TyrM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.cvsa.asn.au%2Fexclusionaryevidence.html&ei=ZYMfU7CAO-f20gHSmIDYDw&bvm=bv.62788935,d.dmQ&psig=AFQjCNHezuqVdo13OnKzP6QfUkkTBQj0pQ&ust=1394660553595655
6. We Should Trust Our Police
Why would we give a police officer
her/his badge if we do not believe
they do not trust them enough to
use it
The police are only trying to do their
jobs by putting the criminals in their
right places with evidence that is
valid enough to defend their case.
We should not have to punish our
law enforcement officers for doing
their job
7. It Looks at the Whole Situation
Why are we keeping a rule that
doesn't encompass the whole
situation?
It focuses on the wrongs of the
law enforcer instead of the
criminal
With the new legislation, it
provides opportunity to see the
whole situation and develop a
new rule that could encompass
everyone’s rights
8. Citizens Trust our Judicial System
Citizens are entitled to know the
full truth when deciding the fate of
suspect, they believe that the
court is and should make just
decisions, if not they would have
even no matter how the evidence
was provided
With the new legislation, the court
room will be able to make a make
a more accurate decision because
all evidence was provided
That is what our justice system is
supposed to be about
9. Conclusion
With the new legislation it makes the judicial system not
only more fair, but also more just. The exclusionary rule
does not look at the bigger picture when protecting the
criminal. Evidence is evidence.
If the justice system was living up to its name, we would
have established a law a long time ago that looks at the
whole situation, not just one facet of it. Criminals are
criminals because they committed a crime nothing more
and nothing less.
10. Cont.
According to former Attorney General Edwin Meese, "Since Mapp v. Ohio, the
exclusionary rule has had a devastating impact on law enforcement in America.
One recent study estimated that 150,000 criminal cases, including 30,000 cases of
violence, are dropped or dismissed every year because the exclusionary rule
excluded valid, probative evidence needed for prosecution." Source: Meese,
Edwin III and Rhett DeHart. 1997. "The Imperial Judiciary. And What Congress Can
Do About It," Policy Review January-February 1997, No. 81.
It is time to stop putting all of our energy into how the evidence was provided,
but actually the evidence that the criminal left behind when committing the
crime.