The question requires one to discuss as to what extent has the “Presumption of Innocence” as articulated by Viscount Sankey in the landmark case of Woolmington v DPP [1935] , has changed in light of Human Rights Act [HRA] 1998. Woolmington v DPP, a case which reached the House of Lords [ HOL] was where the Presumption of Innocence was first articulated # . In delivering his judgement for a unanimous Court, Viscount Sankey made his famous "Golden thread’ decision . ‘Throughout the web of the English
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The accused appeared terrified and helpless, defending himself before an angry jury. A twelve year old on a family trip to Washington, DC, I was visiting a cousin, the Honorable Bruce Mencher, at the District of Columbia Superior Court. Judge Mencher had invited us to attend this trial. Having never been in a courthouse before, I had minimal knowledge of the American Justice System. I considered our Bill of Rights and its guarantee that a lawyer would be appointed were the
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Courtroom Participants’ Professional Standards Name CJA 224 Date Professor When entering a courtroom the main common goal is to have a guilty or not guilty verdict. While being in the courtroom you can come across some participant that are in misconduct, which can have a serious consequence. Courtroom misconduct can go any where from making improper remarks or improperly introducing evidence designed to prejudice the jury. Prosecutorial misconduct violates court rules or ethical
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sentencing. The most prominent people are mainly the judge, prosecutor, and the defense attorney. There is three more court participant who makes up the work group. The bailiff of the court and they maintain and are responsible for security and order in the court room. He also attends to the needs of the jurors during the trail. The court clerk who has an exhausting list of responsibilities. Any plea, motion any other matter to be to be acting on by the judge must go through the clerk. Court reporters are
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After the Battle of Plassey in 1757, the East India Company held the administrative and judicial powers under itself of Bengal, Bihar and Orissa. The jurisdiction of mofussil (i.e. larger areas beyond the limits of preicidency towns) was completely under the Company. The judicial organization provided by the Company in moffusil was called the Adalat System whose initial milestone was laid down in Bengal with Warren Hastings as the Governor of Bengal. With the Regulating Act passed in 1773, Warren
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immigrant by kicking him while convulsing on the ground (Neiwert, 2009). The man they killed was named Luis Ramirez. The jury panel were all White and had strong roots against Mexican immigrants (Neiwert, 2009). The article mentions that even the judge and the community itself, showed signs of being racially biased towards Mexican immigrants. After deliberation the jury basically found the teens not guilty of any charges. Luis Ramirez died at the hospital two days after the incident and the teens
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attorney do wrong? What is the Strickland v. Washington standard? Refer to Ch. 10 of Courts and Criminal Justice in America. How do the performance prong and the prejudice prong of the Strickland standard apply to the example? • What did the judge do wrong? Which judicial selection option—either appointment, election, or merit—would help to reduce instances of judicial misconduct? • How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the crime control
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rotation in powerful office essential to representative government". Likewise, the founders of the constitution did not anticipate that current day SCOTUS members would gain near celebrity status. However, modern medicine has brought about modern judges, who seem very fond of their power. For example, William Douglas set a record, serving as a Supreme Court justice for 36 years. (Carrington 2006) He remained highly resistant to leaving his position, until he suffered from a stroke in 1975, and was
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misdemeanors carry a lesser sentence. c. Ms. Whitmore understands the adversarial nature of court process. She knew all the people involved. She was able to distinguish one from another and everyone else’s role. For example, she identified the judge as neutral and the one that decides the sentence. She knew that when talking with the state attorney she had to be careful because they could use it against her. She knew that her attorney was in charge of her defense. She knew the difference between
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crown requested that a bail hearing take place in order to prove the accused should not get bail, as they were seeking detainment on secondary matters – meaning they believe there is a strong likelihood that the accused will reoffend if released. The judge granted this and asked each of the accused to appear in person the next day with their sureties and lawyers. The court was to witness a bail hearing, but the surety of the accused was not present. This spoke to the credibility of the surety and the
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