...AN OVERVIEW OF BANGLADESH LEGAL SYSTEM WITH SPECIAL REFERENCE TO CRIMINAL JUSTICE ADMINISTRATION SYSTEM An overview of Bangladesh Legal System with special reference to Criminal Justice Administration System Submitted to Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) IBA Submitted by Apon DasRahman Saihad Shahid | 0306 | Institute of Business Administration University of Dhaka Date: 03-07-2012 Date: 03.07.2012 Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1...
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...Abstract An honorable, honest and reliable criminal justice system is the pillar and support of every prospering society. People essentially rely on their criminal justice system to exonerate a guilty culprit or incarcerate an innocent person. Fuelled by the images of state-of-the-art laboratories and impeccable machines as portrayed in forensic crime dramas, an average person’s faith and trust on forensic evidence is unshakable. In particular, jurors significantly rely on DNA analysis, scientific evidence, and testimonies by forensic experts to help decide the outcome of most criminal cases. Hence, justice and freedom for an individual can depend on the proficiency, reliability and efficiency of a forensic laboratory and their forensic analysts. Investigative or methodological forensic errors either on...
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...The world today consists of several countries with diverse political systems and established laws that vary from one country to another. As these governments and political systems operate, the fundamental aspect of governance remains the “freedom” for all. The cry and search for freedom has lead to countless revolutions, multiple uprisings, civil conflicts, and consistent advocacy to for people to be free. Citizens cry for freedom include freedom of the press, freedom of assembly, freedom of speech, freedom to elect their own leaders, and a political system that provides equal rights and justice for all. Other advocacy for freedom include equitable distribution of national wealth, good governance, access to basic welfare, food and shelter, education, among others. In the quest to ensure that governments around the world provide these and many other kinds of freedom to its citizens, the Freedom in the World survey plays the fundamental rule of conducting research, analysis and evaluation of various political systems around the world. The Freedom in the World conduct annual survey which is directing towards evaluating political governance, their provision of political rights to their citizens and also the extent to which individual and collective citizens have access to their civil liberties freely without intimidation or fear. The Freedom in world conducts Press Freedom survey that has been in existence since 1972. They have since then been producing annual reports that analyze...
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...Delaware’s Juvenile Justice System as compared to Other State’s Juvenile Justice Systems Ashley The juvenile justice system, just like the justice system for adults in the United States, could benefit from undergoing a few changes. Delaware is one of the states where juvenile justice policies are extremely complicated and usually result in many people losing hope and giving up, meaning a higher recidivism rate amongst our youth. The purpose of this memorandum is to propose five changes the state of Delaware could make within its juvenile justice system that would benefit the juveniles, the law enforcement officials, and the public alike. One of the first changes Delaware can take to make their juvenile justice system stand out from other states is to remove the mandatory rules to charge some juveniles as adults. Currently, only four other states do not utilize mandatory rules for sentencing juveniles as adults (Trying Juveniles as Adults, 1998). This may seem like an easy way out for some juveniles who have committed more serious offenses, but it’s important to remember that these juveniles are, in fact, still juveniles. They haven’t fully developed mentally, physically, psychologically, etc., and it’s unreasonable to charge them as adults for crimes that they have committed as juveniles. Focusing on rehabilitation for our juveniles should be a main priority, not locking them away for years on end and depriving them of services such as substance abuse counseling and...
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...Policy Analysis III- Compare and Contrast Paper Brandy Alston University of Phoenix Criminal Justice Management Theory and Practice CJA/464 Professor Leroy Hendrix October 10, 2013 Policy Analysis III- Compare and Contrast Paper The reason for policy analysis reflects around the assessment of policies from the government by critiquing the failures and successes. The United States implement several policies to deal with criminal activity and social issues, for instance The United States Human Trafficking Policy, this policy is not a successful one but this policy is steadily improving with sustainable reform. The criminal justice system practice the model of Packard’s Due Process, established with the promise form the United States Constitution for individuals civil liberties and rights. This paper will evaluate the issues that courts and law enforcement deals with while working and implementing prior polices. United States Human Trafficking Policy Human trafficking is a tough crime to identify, because of the existence and the transnational nature of an increasingly sophisticated arrangement in assisting organize crime. Trafficking in person is most productive agency in international crimes. According to the United States Justice Department (2001), International Labor Organization predicts that 17,500 individuals are trafficked annually in the United States. The United States had numerous legal advantages to stop human trafficking, mainly using...
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...A Biblical Model of Analysis Roger Bern, A Biblical Model for Analysis of Issues of Law and Public Policy: With Illustrative Applications to Contracts, Antitrust, Remedies, and Public Policy Issues, 6 Regent U. L. Rev. 103 (1995). Bern argues that American law needs “an unapologetic return to the transcendent religiosity giving foundation to the ideals of autonomy and generality in law, and in particular to the law of nature and divine revelation found in the Holy Scriptures.” (p. 107). Professor Bern sets out a “Biblical Model,” to demonstrate how various legal issues should be handled with proper reference to God’s Word and traditional notions of natural law. The Biblical Model has three components: The first, Requisites for Law and Justice, is foundational to the Model. It sets forth Biblical requisites for substantive law and for its proper administration. It reflects aspects of God's character and sovereignty which are manifested in the perfection of both His law and His administration of justice. . . . . One of the requisites identified in the first component is jurisdiction -- the authority to act. Because of the multiplicity of jurisdictions God has established on the earth, it is important to identify which has authority to act in any given situation. With respect to analyzing issues of law and public policy, the authority which Civil Government may exercise is of particular significance. For that reason, the second component, Jurisdictional Considerations...
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...PERFORMANCE APPRAISAL SYSTEM OF BANGLADESH CIVIL SERVICE: AN ANALYSIS OF ITS EFFICACY Mohammad Ashraful Haque ABSTRACT Performance appraisal plays a crucial role in maintaining a high quality and competitive workforce, but has been ignored so far from the civil service reform agenda in Bangladesh. At present, an Annual Confidential Report (ACR) that was introduced in the Pakistan period and retained with minor modification is used to measure performance. The prevailing gross inefficiency of the Bangladesh Civil Service gives the impression that this appraisal system is poorly functioning. This paper articulates the difficulties in designing a good appraisal system in the public sector and provides a theoretical framework arguing that the ‘goodness’ of a PA system should be seen in its capacity to meet its predetermined objectives instead of counting on the so called infallible psychometric properties. A certain degree of validity, reliability and perceived fairness are essential for an appraisal system to be efficacious. The paper then analyzes historical development of the current ACR of Bangladesh Civil Service and its components to measure its validity, reliability and perceived fairness. The paper found that though the current ACR holds some degree of fairness, it significantly lacks in validity as well as reliability, and therefore is deficient in meeting its stated objectives. Keywords – annual confidential report, efficiency, perceived fairness, psychometrics, reliability...
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...Deputy State’s Attorney (a) earnings/salary range (why is there a range? Are there any other benefits besides monetary compensation?) The median annual salary of an attorney employed in the United States by a local government was $95,950 in May 2013 (Bureau of Labor Statistics [BLS], 2013). The bottom 10 percent earned less than $51,220, and the top 10 percent earned more than $154,150 (BLS, 2013). “Lawyer salaries can range widely based on several factors such as the size of the firm, the number of employees, kind of law being practiced, location of the firm, the type of clientele served, how much the lawyer is willing to work, and amount of experience gained through law school” (lawyercareer.net, 2014) . In regards to non-monetary benefits, “local government employees typically have access to a number of major benefits in their compensation packages, including health care, retirement and savings, and paid leave” (BLS, 2011) . State and local governments tend to spend more on voluntary benefits at $13.24 per hour worked for their employees, compared with $7.66 for private-sector employers (Employee Benefit Research Institute, 2008). (b) Educational and training requirements (what does an individual need to possess and/or pass to get into this field?) Possession of a bachelor’s degree is required for admission into most law schools in the United States (BLS, 2014). Getting accepted into law school, especially those accredited by the American Bar Association (ABA),...
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...Submit a 3 page paper that 1) explains the difference between litigating an embezzlement case in civil court and criminal court, and 2) discuss the role of an expert witness/fraud examiner in each proceeding. There are two major factions of the United States court system: civil cases and criminal cases. Both take place in courtrooms all across the country, but there are several differences that separate the two as well as the role of fraud examiner in each proceeding. The major difference of the two in an embezzlement case is: 1) In a criminal court case, the opposing parties are the prosecutor, often the Assistant District Attorney, and the defendant, represented by a trial lawyer. In a civil court case, however, the opposing parties are the plaintiff and the defendant, both of whom are typically represented by attorneys. 2) In a criminal court case, the prosecutor must establish the guilt of the defendant, but in a civil court case, the plaintiff must only establish the liability of the defendant. In the former, the defendant is either guilty or not guilty of a crime, while in the latter, the defendant is either liable or not liable for monetary damages suffered by the plaintiff. For example, in a criminal court case, the defendant can be found guilty of money laundry his money, while in a civil court case, the defendant can be found liable for stealing someone’s car. In civil court cases, the plaintiff must only win by a preponderance of evidence, which means that the defendant...
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...Uniform Civil Code for India: Prospects and Constraint The need for a Uniform Civil code in India has been discussed and argued several times and it still remains one of the most controversial issues remarked in our Constitution. The uniform civil code would mean the codification of laws pertaining to all citizens, be they Hindus, Muslims or Christians. But now in India personal laws are the main cause of communal conflict among people. It is also intimately connected to the issue of gender justice. The present paper describes personal laws in India, the issues of uniform civil code and gender justice from a human rights point of view. KEYWORDS: India, Personal Laws, Uniform Civil Code, Gender Justice Introduction India is a secular state, world’s largest democracy and second most populous country (1,205,073,612 in 2012) emerged as a major power in the 1990s'. It is militarily strong, has major cultural influence and a fast-growing and powerful economy. With its many languages, cultures and religions, India is highly diverse. This is also reflected in its federal political system, whereby power is shared between the central government and 28 states. Religions not only have been serving as the foundation of the culture of India, but have had enormous effect on Indian politics and society. In India, religion is a way of life. It is an integral part of the entire Indian tradition. A vast majority of Indians, (over 93%) associate themselves with a religion. According to the...
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...The paper on hypothesis justice examination 544 2/29/2016 Melba V. Pearson The paper on hypothesis justice examination Within some of the most flourishing societies, Justice is handled with an offender is obtaining punishment. So that the public, within society, can live and humanity and be safeguarded from the criminals. Although in actuality, the people that committed these crimes obtain punishments, which is below what justice demands which by doing that cheats people that are not criminals. In this paper, it will discuss what a few, of the standards of justice speculations, are. Clarify how the standards of these hypotheses vary from conventional utilitarianism, how is justice characterized by current criminal justice organizations and different entities included in the criminal justice framework, how can this change from security. Therefore, that it will help better identify, with the theory of justice analysis and it importances to society and the criminal justice system. The principles of justice theories “Rawls discussed in his theory that libertarianism, also fairness from justice (Souryal S.S, 2015).” He pays attention, to the theoretical model so that Rawls can explain his type of justice. Within the hypnotically from people are mandatory, to pick the primary beliefs of the essential institution of a given civilization. The outcomes options created; from the public within a civilization will each be just also equal...
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...Theory of Justice Analysis Conception and reality often clash when applied to everyday. In the most optimal society justice is served by punishing criminals so that law abiding citizens can live their lives in peace. The reality is that criminals receive punishments that are less than justice demands and the non-criminals are cheated. This short paper examines justice theories, the utilitarian view, modern justice view and the security based justice. It is important to consider individual justice, mob justice and societal justice as separate institutions. To better understand these institutions the next section explains justice theories. Justice Theories In this section two types of justice will be discussed: Rawl's Theory of Justice as Fairness and Libertarianism. Rawls focused on a hypothetical model in order to describe his form of justice. In this hypothetical model individuals are required to choose fundamental principles of basic institutions of a given society (Ilstu). The result choices made by the members of this society will be both fair and just. The two principles are as follows: Equal Liberty and Difference. "The Equal Liberty Principle states each person is to have the maximum civil liberties compatible with the same liberty for all (Ilstu)". These would be the principles of the United States Constitution; all American citizens are privileged to receive full civil liberties based on the laws of the land. "The Difference Principle states inequalities...
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...believe is most applicability and relevance to criminal justice policy today. I will also summarize the model that I have chosen and provided analysis and explanation for my choice. The two models of the criminal justice system are created by a professor named Herbert L. Packer in 1964 at Sanford University, and these two models are "Crime Control Model" and the "Due Process Model." To understand and comprehend what these two models processes are that Professor Parker created for the criminal justice system, we must first define their meaning. Crime Control Model- Refer to a theory of criminal justice which places emphasis on reducing the offense in society through increased police and prosecutorial powers (Us Legal 2016). Due Process Model- Is a type of justice system which based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards (Us Legal 2016). Summary The crime control model believes that to protect the rights of law-abiding citizens in society, the best course of action would be to expand both the police and prosecutors department in law enforcement. This model belief that stricter, harsher, punishment will ultimately reduce crime. Here are some of the attributes that the crime control model has established in the United States criminal justice system; * Military Police State ...
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...SaRoya Morrison Christopher Klatt Political Analysis Government Structure Executive The Mexican presidency is the paramount institution of the entire Mexican political system. The presidency has been labeled as the “six year monarchy” because of the unchecked power that has stayed in office. Much of the presidential power derives from the president’s direct and unchallenged control over both the state apparatus and the ruling political party, the PRI. Presidents are directly elected by a simple majority of registered voters in the thirty-one states and the Federal District. Like in the United States, Mexico holds the titles of Chief of State, Head of Government, and Commander in Chief of the armed forces. The presidential candidates must be at least thirty-five years of age on Election Day and must be Mexican citizens by birth including the offspring. This clause was amended in 1994 to make the children of naturalized citizens eligible for the presidency. Effective in the year of 1999, In order to become eligible for the presidency, a candidate must reside legally in Mexico during the year prior to the election. The candidate cannot have held a cabinet post or a governorship, nor have been on active military duty during the six months prior to the election. Priests and ministers of religious denominations are barred from holding public office also. Legislative The legislative branch of the Mexican government consists of a bicameral congress...
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