reached a consensus or should on the use of DNA in the justice system, and also points to the unsettled areas of debate in which there remains room for reasonable disagreement. DNA technology has been rapidly and fairly easily integrated into the courtroom; its integration into the pre and post-trial areas has been slower and more complex. Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some
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Different Models of Judicial Law Making -Rachi Singh and Viplav Baranwal ABSTRACT: I believe that we must do away with 'the childish fiction' that law is not made by the judiciary- Sabyasachi Mukharji, C.J This paper seeks to analyze different models of judicial law making keeping in mind the changing needs of the society. It begins with the need to fill in the gap between the existing law and the law ought to be. It goes on to analyze different models of judicial law making like the interpretation
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jury trial began at 2:08pm. The trial did not complete on March 29, 2013; a second day of trial was scheduled for April 5, 2013. On April 1, 2013, the court held a hearing with counsel _____________ via phone and counsel Tony Swartz present in the courtroom. In essence, the court advised the parties 1) the court clerk found juror 8,
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Compare and Contrast Karen Hovenga CJA/464 August 12, 2013 Ruth Ebner The Due Process and Crime Control Model are an account of two structures absolutely different from one another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime
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Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder
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Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions
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History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to
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Service. (1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit. (2) A subpoena commanding production of documents and things, or inspection of premises
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Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. * Freedom of religion, speech, and the press; right of petition and assembly Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
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Civil Justice Tutorial III i. What is proportionality and why is it so “new” in the Civil Procedure Rules? To extent does it different proportionality a. under the EHCR (Campbell case) to assess different right sets of rights b. after the Jackson reforms? Jackson is just in relation to costs – cases that are justly and in relation to proportional costs focus on the system as a whole Campbell v Mirror Group Newspaper Ltd (Costs) HL (2005) A model sues a newspaper for breach
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