Seminar 2: Pre-Trial Rights
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The document discusses pre-trial rights under Cambodian, international, and ECCC laws. It outlines rights such as the right to remain silent, legal assistance, interpretation services, and adequate time to prepare a defense. Case studies examine whether rights were properly waived, including the right to counsel during interrogations. The ICTR found Kabiligi did not understand his immediate right to counsel, so his waiver was invalid. The ECCC examined whether Duch and Nuon Chea validly waived their rights during initial questioning.
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The High-Level Committee (or the Xaxa Committee) constituted by the Prime Minister's Office in August 2013 to look into the Socio-Economic, Health and Educational Status of the Tribals of India. It submitted its findings in May 2014.Tribal health status india
Tribal communities in India experience high levels of health issues and deprivation. They lag behind national averages on key health indicators like sex ratio, literacy rates, and nutritional levels. Common diseases among tribes include waterborne illnesses, malaria, tuberculosis, sickle cell anemia, and mental health issues. While the government has instituted programs to improve tribal healthcare, many challenges remain such as inadequate infrastructure, personnel shortages, and cultural barriers. Additional efforts are needed to close health gaps and ensure tribal communities receive effective medical services.
TRIBLE POPULATION AND THEIR HEALTH ISSUES
Tribal populations in India experience significant health issues compared to non-tribal populations due to factors such as poverty, lack of infrastructure and access to healthcare, and cultural and social barriers. Tribal groups make up around 8% of India's population but suffer from high rates of malnutrition, communicable diseases, and genetic disorders. Government initiatives have aimed to improve tribal health through expanding primary healthcare infrastructure and implementing national health programs, but challenges remain around manpower shortages and utilization of available services. Community-based organizations also work to enhance tribal health by increasing access to medical care, health education, and maternal/child health services.
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Similar to Seminar 2: Pre-Trial Rights
Fair Trial Rights Club - Seminar 2
1. The document summarizes a seminar on pre-trial rights that discusses rights under Cambodian, international, and ECCC laws including the right to remain silent, legal assistance, and notification of charges.
2. It presents two case studies, one from the ICTR involving a defendant's questioning without a lawyer and another from the ECCC involving similar issues.
3. In both cases, the defendants claimed their rights were violated as they did not properly understand or waive their right to legal counsel during questioning.
The Accused’s Rights in Saudi Criminal lawAccused of crimes .docx
The Accused’s Rights in Saudi Criminal law
Accused of crimes needs some protection to his rights because he is innocent until proven guilty. Without any minor doubt that the accused person will be in his weakest situation during accusation and interrogation.
Informing the Accused of Crime of his Right
the Saudi criminal system does not have any requirements to informing the Accused of Crime of his Rights. The Saudi criminal laws only require that the accused shall give his personal information to the investigator and sign the report that contains such information. The Saudi legislator should inform suspects about their rights to avoid self-incrimination. The accused of crimes is not always a criminal or the one who really commits the crime where a person is innocent until proven guilty. Therefore, investigators prior to interrogation should notify the accused that he has right to remain silent and anything he says will be used against him in court. Also, they should inform him that he has a right to an attorney and if he is indigent, the government is going to pay for his lawyer.
the defendant has the right to be aware of the offending charge. The right of the accused to see the case file is important because it informs the accused of the charge or counts against him or her prior to interrogation. Viewing the evidence against the accused is important because it helps in preparing an effective defense. Article 101 of the Law of Criminal Procedure requires the investigator inform the accused of the charge he or she is facing.
Rights During an Arrest
Article 33 of the Law of Criminal Procedure states:
Where the crime is in the process of commission, the criminal investigation officer shall arrest the suspect present at the scene of the crime where there is sufficient evidence for his implication. A record of that shall be made and the Bureau of Investigation and Prosecution shall be immediately notified. In all cases, the person under arrest shall not be detained for more than 24 hours, except pursuant to a written order from the investigator.
No person shall be arrested, searched and detained or imprisoned except in cases provided by law.... And it is prohibited to harm the arrested, whether physically or mentally. Similarly, it is prohibited to subject anyone to torture or degrading treatment. In cases where there is no obvious violation of the law, no one shall be arrested or detained except by order of the competent authority. The police must hear the testimony of the accused immediately, and if the police find enough evidence to charge the individual, they must send the individual to an investigator, along with their report, within 24 hours. The Law of Criminal Procedure is keen to maintain the rights of the accused during arrest. Specifically, Article 36, provides:
(1) Detainees are to be treated well in order to preserve their dignity, and shall not be harmed physically or mentally, are entitled to know the reasons for their arr ...
Rigths of accused
The document summarizes key rights recognized in the Philippine constitution. It discusses the rights of the accused, including due process, right to bail, rights against self-incrimination, and rights to a speedy trial. It also covers the Miranda rights stemming from a landmark US Supreme Court case, rights related to arrests and exceptions for warrantless arrests. Habeas corpus rights are also addressed, including allowances for suspension during times of rebellion or invasion.
Bill of rights Section 8,12,14 and 18
The document discusses several articles from the Bill of Rights regarding the rights of individuals in criminal proceedings and the right to form associations. It outlines rights such as the right to remain silent, the right to competent legal counsel, the presumption of innocence, the right to due process, the right against self-incrimination, and the prohibition against involuntary servitude. It also discusses the right to form unions and associations for lawful purposes.
Chapter 13 Interrogation, Electronic Surveillance, and Other .docx
Chapter 13: Interrogation, Electronic Surveillance, and Other Police Practices 471
# 151053 Cust: Cengage Au: Hall Pg. No. 471
Title: Criminal Law and Procedure Server: __________________
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DESIGN SERVICES OF
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Publishing Services
confessions, and admissions to prove guilt is controversial. The United States Supreme
Court has recognized that admissions are highly suspect when relied upon alone to
obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system
of criminal law enforcement which comes to depend on the ‘confession’ will, in the
long run, be less reliable and more subject to abuses than a system which depends on
extrinsic evidence independently” obtained through other law enforcement practices.
At common law, confessions and admissions could be used freely, as long as they
were made voluntarily. The early basis for excluding involuntary confessions was the
Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal
defendants could seek to have confessions suppressed if they were not taken before a mag-
istrate promptly after arrest. This was known as the McNabb-Mallory rule, named for
two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court
announced the rule in its supervisory role over the nation’s federal courts. While the rule
of quick presentment of arrestees to judges had existed at common law and had been
codified by Congress, there was no remedy for violations. Accordingly, the Court held
that confessions that occurred after unreasonable delays should be excluded. Congress re-
acted to McNabb-Mallory and Miranda by enacting a statute that permits the admission
of a confession so long as it was voluntarily given. Another section provides that regardless
of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained
within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if
there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb-
Mallory exclusionary rule applies if a delay is found to be unreasonable.
Today, interrogations, confessions, and admissions are governed by these rules, as
well as two broader rights: the Fifth Amendment right to be free from self-incrimina-
tion and the Sixth Amendment right to counsel.
Miranda
By virtue of popular television and films, the Supreme Court case Miranda v. Arizona,
or at least the “Miranda” warnings that are a product of that case, is one of the best
known judicial decisions of our time.
[The Supreme Court consolidated appeals from
several individuals who had been convicted at trials
where their confessions were entered into evidence.
Ernesto Miranda, for whom the case is named,
was arrested for rape and kidnapping. He was
interrogated at a police station. He was not advised
of his constitutional rights, he never requested to
see .
Bill of Rights - 1987 Philippine Constitution
The document summarizes the key provisions of the Bill of Rights in the Philippines Constitution. It discusses the classifications of rights as natural, constitutional, and statutory rights. It then examines each section of the Bill of Rights in detail, explaining the individual rights and freedoms guaranteed, such as due process, freedom of speech, freedom of religion, freedom of association, and protection from unreasonable searches and seizures. The document provides examples and definitions to thoroughly describe each constitutional right.
natural justice
This document discusses the principles of natural justice and a fair legal process. It outlines two main principles: 1) Both sides must be heard, also called audi alteram partem, and 2) No man shall be a judge in his own cause. It also discusses the requirements for a fair legal process, including giving notice, allowing each side to present evidence and cross-examine witnesses, and having an impartial judge or tribunal make the decision. The overall message is that natural justice and a fair legal process require impartiality, fairness for both sides, and following proper judicial procedures.
Natural Justice by jijiya james
This document discusses the principles of natural justice and a fair legal process. It outlines two main principles: 1) Both sides must be heard, also called audi alteram partem, and 2) No man shall be a judge in his own cause. It also discusses the requirements for a fair legal process, including giving notice, allowing each side to present evidence and cross-examine witnesses, and having an impartial judge or tribunal make the decision. The overall message is that natural justice and a fair legal process require impartiality, fairness for both sides, and following proper judicial procedures.
Article_deleberate_misapplication_of_law
The document discusses remedies available under the law against illegal acts of statutory functionaries, including constitutional petitions under Article 199 of the Pakistan Constitution. It provides details on when a constitutional petition is a competent remedy, even if alternate remedies exist. Specifically, it states that a constitutional petition is competent if the alternate remedy is not prompt, efficacious, or equally capable of preventing injustice, rights violations, or detrimental treatment that lacks legal authority. The document lists multiple scenarios when a constitutional petition remains appropriate, such as if the statutory action was made in mala fide manners, without jurisdiction, or involved an abuse of power or misapplication of law.
Abs
The document discusses various constitutional rights in the Philippines, including:
- Due process rights like procedural and substantive due process.
- Civil liberties like freedom of speech, expression, press, assembly, association and religion.
- Rights of the accused like presumption of innocence, right to counsel, speedy trial, confrontation of witnesses, and protection against self-incrimination and double jeopardy.
- Rights against unreasonable searches, seizures and arrest without warrant.
- Right to privacy in communication and correspondence.
It provides definitions and scope of these various rights based on Philippine constitutional law.
Rights of An Accused Person in Malaysia
This document discusses the rights of an accused person in Malaysia. It outlines 7 key rights: 1) the right to be informed of the grounds of arrest; 2) the right to contact a friend or relative; 3) the right to legal counsel; 4) the right to be brought before a magistrate within 24 hours; 5) the right to remain silent; 6) the right to confront witnesses; and 7) the right to a speedy trial. It provides examples from Malaysian case law to illustrate how the courts have upheld these rights in keeping with Malaysia's adversarial legal system.
Lesson 33
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. It requires that searches be approved by a warrant, which requires probable cause. The exclusionary rule was created to discourage law enforcement from violating citizens' Fourth Amendment rights by excluding illegally obtained evidence from trials. Over time, the Fourth Amendment has been interpreted to provide additional privacy protections against government overreach.
Ethics in practicing Civil Procedure
Civil attorneys must follow ethical etiquette when preparing for and engaging in trials. They are prohibited from discussing issues related to the litigation with opposing parties who are represented by counsel without consent. This prevents attorneys from disrupting the client-attorney relationship to gain an advantage. Attorneys can discuss unrelated issues and must avoid giving legal advice to unrepresented parties. When preparing witnesses, attorneys can help them anticipate questions but should not encourage false testimony or overcoach to the point of losing credibility.
Article III part 3
The document discusses various powers of the Philippine government including eminent domain, taxation, and criminal justice rights. It defines eminent domain as the power of the government to take private property for public use with just compensation. Taxation is described as enforced contributions used to support the government. Criminal justice rights discussed include the right to remain silent, right to an attorney, prohibition on torture, right to bail, right to due process, and presumption of innocence. The writ of habeas corpus and writ of amparo are also summarized.
16th lecture
This document discusses the principles of natural justice in administrative law. It outlines the minimum requirements of natural justice, which include: (1) receiving precise notice of the case; (2) having a reasonable opportunity for a hearing; (3) being able to be present as evidence is taken; (4) having adequate opportunity to rebut evidence; and (5) having the deciding authority act judicially and impartially. It also notes that natural justice requires the proceedings to culminate in a speaking order that provides reasons for the decision. The document provides examples of these principles from legal systems in Pakistan, England, the United States, and international law.
Seminar 4: The Presumption of Innocence
The document discusses the presumption of innocence, which is the legal principle that one is considered innocent until proven guilty. It provides Cambodian, international, and ECCC laws guaranteeing this right. However, it raises questions about whether the presumption can truly be maintained in high-profile cases like the Khmer Rouge tribunals or OJ Simpson trial due to pre-trial rhetoric and massive media coverage that could influence public perception and prejudice the outcome.
The Bill of Rights
The document summarizes the key provisions of the Bill of Rights, which consists of the first 10 amendments to the US Constitution. It protects civil liberties and individual rights, including freedom of religion, speech, press, assembly, the right to bear arms, protection from unlawful searches and seizures, due process, self-incrimination, speedy trials, and cruel and unusual punishment. The 9th and 10th Amendments reserve unenumerated rights to the people and powers not delegated to the federal government to the states.
billofrights-new2014-140125193548-phpapp02.pptx
The document summarizes key provisions of the Bill of Rights in the Philippine Constitution. It discusses sections 1-11 which focus on individual rights of the people, including the rights to life, liberty, property, privacy, speech, religion, and due process. It also covers rights of the accused such as protections against unreasonable searches and seizures. The document provides analysis and examples to explain concepts like probable cause, equal protection, and eminent domain. It aims to explain the intent and scope of civil liberties enshrined in the country's Bill of Rights.
Arrests(Criminal procedure in Kenya)
This document discusses the law around arrests in Kenya. It covers arrests with and without warrants, the process and procedures that must be followed, and some key constitutional issues. Some main points covered include:
- Arrests can infringe on rights to liberty and freedom of movement. Force used must be reasonable.
- Police can arrest without a warrant for cognizable offenses or if a non-cognizable offense is committed in their presence. Arrested persons must be brought promptly before a magistrate.
- Private citizens can arrest for felonies, cognizable offenses, or to detain property offenders. They must promptly hand over arrested persons to police.
- Warrants are required for other arrests and must meet formal requirements
U9 pppcj
Mr. Crook's attorney would need to contact the police to arrange his surrender if they have probable cause that Mr. Crook committed an armed robbery at a gas station. The attorney would explain to Mr. Crook that any discussions between them are protected by attorney-client privilege. If arrested, Mr. Crook would be informed of the arrest process, his rights, and advised not to speak to anyone about the case except his attorney. His attorney would then work to negotiate a plea bargain or prepare for trial.
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Seminar 2: Pre-Trial Rights
- 1. FAIR TRIAL RIGHTS CLUB Seminar 2: Pre-Trial Rights DEFENCE SUPPORT SECTION CAMBODIA COUNTRY OFFICE
- 5. Pre-Trial Rights ICCPR – International Covenant on Civil and Political Rights Article 9: Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. Article 14: To be tried in his presence, and to defend himself in person or through legal assistance. The Constitution of the Kingdom of Cambodia Article 31: The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of human Rights, the covenants and conventions related to human rights, women's and children's rights.
- 6. Pre-Trial Rights AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA Article 13: to engage a counsel of his or her choice; to have adequate time and facilities for the preparation of his or her defence; to have counsel provided if he or she does not have sufficient means to pay for it.
- 10. Pre Trial Rights ECCC Law Article 35 new: The accused shall…be informed promptly and in detail in a language that they understand of the nature and cause of the charge against them Article 21: Every person suspected or prosecuted shall be presumed innocent as long as his/her guilt has not been established. Any such person has the right to be informed of any charges brought against him/her, to be defended by a lawyer of his/her choice, and at every stage of the proceedings shall be informed of his/her right to remain silent. Article 58: A Charged Person shall only be questioned in the presence of his or her lawyer, unless the Charged Person waives the right to the presence of a lawyer. ECCC Internal Rules
- 16. Case Study #1 Mr. Kabiligi was acquitted and released after 11 years in detention.
- 19. FAIR TRIAL RIGHTS CLUB Seminar 2: Pre-Trial Rights DEFENCE SUPPORT SECTION CAMBODIA COUNTRY OFFICE