Crown Court: The Role Of The Victim In The Criminal Justice System
II. CIRCUMSTANCES OF THE CASE
Crown Court was established on 1 January 1972 by Courts Act 1971 to replace the Assize Courts and quarter sessions.
Court of England and Wales Crown is, with the High Court and Court of Appeal, one aspect of the Senior Courts of England and Wales. It is the superior court of first instance in criminal cases; However, for some purposes Crown Court is hierarchically subordinate to the High Court and its divisional courts.
Crown Court performs four main types of activity: appeals against decisions of magistrates; sentencing defendants committed by magistrates' courts, jury trials, and sentencing those convicted in the Crown Court or after trial or pleaded guilty.
Jurisdiction of the Court shall be exercisable …show more content…
In summary and convicted of serious crimes, justice must be served in each case and the victim's role and perspective is important in ensuring justice.
suspect
There is a concern that defendants falsely accused of rape, might suffer trauma, compounded by negative publicity that can continue to have significant adverse consequences long after such an accusation was proven false. Estimates suggest about 8-10% of all complaints of rape are false.
Starting from the fundamental principle - that the innocent not be punished -implică the presumption of innocence and the right to remain silent during the trial.
In the criminal suspect is not obliged to prove his innocence and therefore this aspect exercising his right to silence can not be attributed to it being a legitimate right. On the other hand the suspect is not obliged to prove his guilt, assuming the evidential burden the criminal investigation and court.
In Article 14, item 3 letter g of the International Covenant on Civil and Political Rights states that everyone charged with a criminal offense has the right not to be compelled to testify against herself or to confess guilt, so a genuine right to silence. We think of that provision that the witness can not be compelled to declare something which indirectly would recognize himself
Crown Court was established on 1 January 1972 by Courts Act 1971 to replace the Assize Courts and quarter sessions.
Court of England and Wales Crown is, with the High Court and Court of Appeal, one aspect of the Senior Courts of England and Wales. It is the superior court of first instance in criminal cases; However, for some purposes Crown Court is hierarchically subordinate to the High Court and its divisional courts.
Crown Court performs four main types of activity: appeals against decisions of magistrates; sentencing defendants committed by magistrates' courts, jury trials, and sentencing those convicted in the Crown Court or after trial or pleaded guilty.
Jurisdiction of the Court shall be exercisable …show more content…
In summary and convicted of serious crimes, justice must be served in each case and the victim's role and perspective is important in ensuring justice.
suspect
There is a concern that defendants falsely accused of rape, might suffer trauma, compounded by negative publicity that can continue to have significant adverse consequences long after such an accusation was proven false. Estimates suggest about 8-10% of all complaints of rape are false.
Starting from the fundamental principle - that the innocent not be punished -implică the presumption of innocence and the right to remain silent during the trial.
In the criminal suspect is not obliged to prove his innocence and therefore this aspect exercising his right to silence can not be attributed to it being a legitimate right. On the other hand the suspect is not obliged to prove his guilt, assuming the evidential burden the criminal investigation and court.
In Article 14, item 3 letter g of the International Covenant on Civil and Political Rights states that everyone charged with a criminal offense has the right not to be compelled to testify against herself or to confess guilt, so a genuine right to silence. We think of that provision that the witness can not be compelled to declare something which indirectly would recognize himself