MAGISTRATE'S APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion of court to direct that discharge shall amount to acquittal -- Nature of discretion -- Constitution of the Republic of Singapore art 35(8) -- Criminal Procedure Code (Cap 68) ss 184 & 336(1) The appellant
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Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging
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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
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that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession
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version of the fight between Michael and the alleged victim that at least appeared inconsistent with her husband’s self-defense claim. Sylvia’s tape recorded statement was introduced at trial against Michael even though he had no opportunity for cross examination. In reviewing the statement’s admission by the trial court, the Washington Court of Appeals and Washington Supreme Court applied slightly different tests grounded in the framework described by Ohio v. Roberts, a system that looks for “adequate
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Historical Background In doctrine it is shown that by the form given to the presumption of innocence in article 23 of the Constitution and the similar provisions in article 6 paragraph 2 of the European Convention and article 52 of the Criminal Procedure Code there is at least one contradiction regarding the moment up until to which the presumption functions. Jean Lemoine created the principle of presumption of innocence with the aim of protecting the defendant, based on the notion that
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P RAMCHANDRA RAO VS STATE OF KARNATAKA SUBMITTED BY K.SAI SHARAVAN KUMAR B.L HONS FIRST YEAR LEGAL METHODS INTRODUCTION There are altogether too many prisoners waiting trial in Indian prisons. As per the latest comprehensive statistics2 available on prisons in India, there are 1,93,627 undertrial prisoners as against 63,975 convicts constituting 71.2% of the total prison population in India. The range varies from a low of 12.1% in Tamil Nadu to a maximum of 98.7% in Dadra and
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DIGEST OF CRIMINAL PROCEDURE CODE Criminal Procedure Code, 1973, S.2(g) - Inquiry - “Every inquiry, other than a trial, conducted under this Code by a magistrate or court” refers to the pre trial inquiry. (Pritish Vs State of Maharashtra) 2002(2) Criminal Court Cases 174 (S.C.) Criminal Procedure Code, 1973, S.2(g) - Inquiry - Trial - Inquiry is defined by section 2 (g) as 'every inquiry, other than a trial' - Trial not defined - Trial is clearly distinguishable from inquiry - Trial is distinct
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Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been
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CJS/200 Week 5 Discussion Questions How would you define the pretrial criminal process? How does the pretrial criminal process affect post arrest processes and trials? Is there a better solution to the current process? Explain. * * * * Pretrial process is when the prosecution and the lawyer provide all the evidence that will presented in the case. This would be a list of all the witnesses that will be call by either party or from one party. Both the prosecution and lawyer
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