...Dr. Jagannath Mishra v. State of Jharkhand- Case Analysis With Reference to the Indian Penal Code, 1860 Submitted by KARANBIR SINGH THIND PRN No. 11010224027 Division ‘A’ Roll No. 26 BBA. LL.B. of Symbiosis Law School, NOIDA Symbiosis International University, PUNE In March, 2013 Under the guidance of Prof. Girjesh Shukla And Prof. Vikram Singh Law of Crimes-I Symbiosis Law School Noida, 201301 Certificate The project entitled “Dr. Jagannath Mishra v. State of Jharkhand (2002) CriLJ 4646- Case Analysis With Reference to the Indian Penal Code, 1860” submitted to the Symbiosis Law School, NOIDA for Law of Crimes-I as part of internal assessment is based on my original work carried out under the guidance of Prof. Girjesh Shukla and Prof. Vikram Singh in March 2013. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. (KARANBIR SINGH THIND) Date: March 14, 2013 Acknowledgment I have taken efforts in this project. However, it would not have been possible without the kind support and help of many individuals. I would like to extend my sincere thanks to all of them. I would like to thank Symbiosis Law School, Noida for providing me with the opportunity to work on this project. I am highly indebted to Prof...
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...Court Issues Analysis Annali Zieroth CJA/394 October 29, 2012 Troy Hokanson In the following paper there will be an analysis that identifies the current issues facing courts and the court administrators today such as the delays, congestion, and backlog and how these issues can affect the court system. This paper will include a discussion on the future management issues and trends regarding language interpretation services that can impact the court system as well as the court system process. There will be discussion on the past, present, and future impact that the victim rights laws have on court proceedings. Current Issues Facing Courts Today The current issues facing courts and court administrators today is the serious problem of backlog, delay, and congestion. This causes more problems in the court system because it seriously threatens the quality and dignity of justice due to the courts falling behind in their work and then them trying to speed up and process as many cases as possible. The court systems are not designed to do quality work while under stress, nor are they designed to work quickly through their cases. When the courts attempt to do their work quickly, mistakes of all sorts can occur in what is called the assembly-line justice. To begin with, prosecutors will start dropping cases for no apparent reason this is called nolle prosqui in addition to cases where the prosecutors may think the police have not obtained enough evidence to make a case (Court Issues...
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...Court Issues Analysis CJA 394 August 06, 2012 Court Issues Analysis The court and court administrators are faced with numerous issues on a daily basis; everything from the crimes being committed, the language barriers, victims’ rights, and budget related issues just to name a few. The language barrier issue is one of the major challenges faced by the criminal justice system and administrators. The Administrative Office establishes the standards and guidelines for selecting and using interpreters in federal court proceedings (Interpreters Act 1978). Issues Courts and Administrators Face Perhaps the issues courts and administrators face in the courts today is the congestion, backlog, and delay in cases awaiting proceedings. This is a serious issue for courts and administrators in that due to the growing backlog cases may not receive the best of the justice system. Administrators may find themselves rushing through cases to get as many cases processed as possible. This can result in mistakes being made because the courts are not designed to function under such pressures and therefore errors occur in what is referred to as the assembly-line-justice (Stevens, 2004). Because of the stress prosecutors are under cases are dropped without a reason, this is known as nolle prosqui, according to The Free Dictionary it means "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either...
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...Casey Anthony Case Dixit and Gothwal (2015) define criminal law as a rule that control the social conduct and prohibits the acts that are harmful to the people and as such, threatening the safety and the welfare of societal members. Morse (2015) contends that criminal laws define the punishment levelled on the people who break the prescribed societal conduct while Holland (2015) asserts that criminal laws refer to the state laws, which make certain actions illegal and punishable by fines or imprisonment. Accordingly, the case of Casey Anthony falls under the criminal and as such, the forensic evidence gathered from the trunk of her car makes her criminally reliable, as the said evidence is admissible in the court of law. The forensic experts from the Federal Bureau of Investigation (FBI) examined a band of hair recovered from her vehicle, which exposed evidence of apparent decomposition. Forensic analysis of the recovered band of hair showed consistence with the band of hair of the deceased. The FBI experts who conducted forensic analysis on the band of hair told the court that the sample had many consistencies in relation to the post-mortem banding. Moreover, microscopic hair examination specialist told the jurors that the root portion of the air was dark and, therefore, consistent with the evidence presented by the FBI. The analyzed evidence showed that the hair was evicted forcibly from the deceased. Further, an investigator of the crime scene testified that that there...
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...Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in Every State, 1997 ...
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...NARCO-ANALYSIS AS A TOOL FOR CRIMINAL INVESTIGATION Project Submitted in Partial Fulfilment of the Requirements For The Degree of Master of Laws of the Mahatma Gandhi University. By NIJIL.D PREFACE . In India scientific methods have emerged as a tool for interrogation and extraction of information from uncooperative suspects and witnesses. But the legality of these methods is in peril, mostly because of the procedure involved and the nature of information obtained through these method. Most of these modern techniques are non invasive methods, which can detect deception without causing physical or mental injury to the subject. Narco-analysis is one of the important techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to narco-analysis...
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...Trial and Plea Bargain The criminal justice system today has attributed to it a notion of it being a system “…of pleas, not a system of trials,” (Franze, A., Jeremy, M., 2012). This fact of the pervasiveness of plea bargaining in the legal system is commonly known, and subsequently one of the shared opinions of five of the four justices that ruled on the companion cases: Lafler v. Cooper, and Missouri v. Frye. To even further illustrate this point, “In the state courts in large cities in 2006, 95 percent of all convictions for felony defendants came through guilty pleas rather than trials; in federal courts in 2010, the proportion was 97 percent.” (Baum, 2013). These statistics should solidify the grounds of how prevalent plea-bargaining is in the legal system, as opposed to taking cases to trail. Subsequently, some judges specifically encourage plea-bargaining, and sometimes remand that plea-bargaining occur if it already hasn’t (Baum, 2013). The importance of plea-bargains in the criminal justice system can not be overstated. Keeping this in mind, the sixth amendment provides individuals the right to adequate and subsequently competent counsel during a trial. This concept has recently, in May of 2012, been extended to plea-bargaining along with trails. In May of 2012 the supreme court ruled on two cases that would create a precedent for many future cases involving plea deals. Lafler v. Cooper was a case in which the defendants’ attorney provided bad legal advice...
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...Juvenile and Adult Courts: A Comparative Analysis Introduction Juvenile and adult courts have different language barriers that separate the two. Juvenile courts tend to use words such as detention hearing, petition, and adjudication to make things seem less harsh. Adult courts use words such as bail hearing, complaint or indictment, and the verdict. Adult courts deal with a stricter sentencing than juvenile courts do. Juvenile courts take the approach of a more controlled approach. Adults are taught to live a healthy and productive life, unlike minors. Juveniles have been reinstated so that they can be released back into society with a fresh start. The languages for juvenile courts are different than that of adult courts. Here are the different languages that separate juvenile courts from adult courts: Adult Courts • Bail Hearing • Trial • Complaint or Indictment • Defendant • Verdict • Guilty Juvenile Courts • Detention hearing • Fact-Finding Hearing • Petition • Respondent • Adjudication • Delinquent or Involved In juvenile courts they don't get a jury; instead the judge is the only person who determines if a minor has broken the law and what his or her punishment will be. The courtroom is closed to the media as well as to the general public. Juveniles are more prone to probation for longer times than adults. (#2)A juvenile's conditions of them being on probation tend to be obnoxious, including having a curfew, getting adequate grades...
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...PROPOSAL “An examination of the Jamaican judicial system and the measures that can lead to a reduction in the high number of outstanding court cases.” Research Proposal submitted in partial fulfillment of the requirements of the course CPI To Lecturer: Mrs. E. Smith-Johnson By Travis Mais December 2012 TABLE OF CONTENTS Section 1 Introduction……………………………………………………………………....3 Statement of the Problem………………………………………………………...3 Rationale………………………………………………………………………...3 Purpose of the Study……………………………………………………………..3 Significance of the Study………………………………………………………..4 Background……………………………………………………………………....4 Section 2 Literature Review………………………………………………………………5-10 Section 3 Methodology…………………………………………………………………..11-14 Section 4 Data analysis…………………………………………………………………….15 Section 5 References………………………………………………………………………16 Section 1 1.0 Introduction The general purpose of this research is to determine how we can reduce the backlog of court cases and will increase confidence of the court system and the Jamaican citizens. This research has allowed us to identify several solutions to solve this long awaited problem that has been plaguing the Jamaican judicial system. 1.1 Statement of the Problem “An examination of the Jamaican judicial system and the measures that can lead to a reduction in the high number of outstanding court cases.” 1.2 Rationale This research topic is a result of the excessive stress placed on both the alleged victims and accused due to significant...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...Criminal Defense Case Analysis Paper Brandy Alston University of Phoenix Criminal Law CJA/343 Professor Joseph Wade March 1, 2012 Criminal Defense Case Analysis Paper Many individuals are aware of the process that lawyer go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime, the accused does not have to present evidence for the innocent. The Fifth Amendment is the United States constitution states a defendant is not compelled to under oath criminate themselves, however in most cases the defendant want the chance to prove their innocent in court by having a defense. Criminal law is define as a code, rules, or statute that prohibits the conducts this is prohibit in region or state, federal government. However, when laws results in violations where the individual charged with the crime and haul off to jail. Although once the individual charged, they have the right to defend themselves in court with legal representation. This paper aims to examine and identify the different kind of criminal defense used in a criminal trial. This paper will discuss the two common defenses used in our justice system legal I did it but and factual I did not do it, the defense I did not do it means presumption of innocent and the defense I did it but means guilty with reason. Factual defense is the legal defense offers two group defense excuse and justification that has six categories for them. In justification...
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...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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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...America, the law pertaining to crime against persons is complex; due to the principle of dual sovereignty that is a component of federalism. This essay entails analysis of murder as crime against persons. Murder cases are classified by the hierarchy of acts which entails: homicide, murder, manslaughter, and lastly justifiable homicide. English courts formed the body of common law on which United States jurisdictions relied on, in developing their murder statutes. Early English common law alienated murder into two broad categories: criminal and non-felonious. Historically, the intentional and deliberated killing of a person by another person was a criminal homicide and was categorized as murder. This analysis will discuss in details historical common law and current states statute in relation to crime of murder. Introduction Under the early United States law, murder was a criminal act that was punishable by death. It was termed as the unlawful execution of a person with hatred aforethought. According to Siegel (2006) book, Criminology, murder was also defined as a deliberated intent to kill. Currently, United Sates courts and jurisdictions have adopted the English common law. However the court has carried-out some amendment to various conditions that constituted criminal homicide. Modern statutes in general segregate criminal homicide into two wide categories: murder and manslaughter. Murder is further separated into: [ (Akers, 2013) ]. [ (Siegel L. , 2006) ]. 1. First degree...
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...University affiliation Juveniles being tried as adults Introduction The first juvenile court started in the United States of America in 1899. The two basic principles on which the court juvenile court were founded are one, and juveniles were not mature enough to take responsibility of their actions compared to adults and two, it was easier to rehabilitate juveniles as compared to adult criminals (Grisso & Schwartz, 2000). In more than a century, these principles remained the benchmarks of the juvenile courts as they expanded from Chicago, their original birthplace, into other states and eventually in other parts of the world. However, in the recent year rising incidences of juvenile criminals being tried as adults has increased as it was before the advent of the first juvenile court. Much of this stems from the public outrage against the children who, in high numbers, are engaging in violent crimes. Many countries have adopted legislation that permits them to juveniles to be tried as adults. In some countries, there are provisions that allow prosecutors to try children as young as 14 years under certain circumstances (Grisso & Schwartz, 2000). Juvenile courts establishment aimed at separating the youthful offenders from the adult criminals and thereafter processing and rehabilitating them in forgiving and less punitive manner compared to the adult criminal system (Redding & Fuller, 2004). The main reason behind the distinction is because the juveniles are...
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