One of the most important stages in achieving justice for the offender‚ victim and society is known as sentencing and punishment. It is always difficult to find the balance between the offender‚ victim and society so that equality and natural justice can be achieved. Three areas where this can be seen are in the purpose of punishment‚ factors affecting a sentencing decision and types of penalties. Protection of society and the rights of the individual will be clearly seen and discussed in the essay
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Asylum Seekers In Australia Australias mandatory detention of asylum seekers are of a serious concern. There has been aroused intense national and international debate. In the past few years we have been bombarded with images of detainees suffering from depression‚ mental anguish‚ trauma and psychological damage. Australia has a policy of mandatory detention for all refugees and asylum seekers who arrive by boat to Australian shores (http//www.westnet.com.au/jackhsmit/detention.htm). Those
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practitioner. Police are empowered by Sec.41‚ 42‚ 151 and 432 (3) of Cr.P.C. to arrest without a warrant. Arrest should not be made on mere suspicion (145 Cr. P.C). The arrested person is entitled for compensation for groundless arrest / illegal detention. The registering of the FIR is not a condition precedent to grant anticipatory bail.
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The Habeas Corpus Act and its Evolution LaTrice Tucker Tammi Clearfield POL 201 The Habeas Corpus Act and its Evolution An ancient law writ which detains aliens of war in a detention facility by the Supreme Court’s expanded jurisdiction leaves those without knowledge of the Habeas Corpus Act means to understand what the act entitles‚ its originality‚ and the evolution. The word habeas corpus in the Latin language means “you have the body”‚ which represents an important right granted
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public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process1." The release on bail is crucial to the accused as the consequences of pre-trial detention are extremely harsh and unforgiving. If right of bail is denied to the accessed it would mean that though he is presumed to be innocent till the guilt is proved beyond the reasonable doubt yet he would be subjected to the psychological and physical
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OBJECTIVES • To know whether India being a developing country is facing problems related to begging. • To know whether people who are begging have genuine reason to do so. If not then who is behind such a thing. • To know whether the laws made by the government are sufficient for eradicating begging from the streets. HYPOTHESIS • That India is facing a grave problem: begging and it hinders the growth of the country. • That‚ a meagre amount of people has genuine reason to beg‚ the
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LEGAL STUDIES Term 1 syllabus notes: The nature of crime The meaning of crime An act or omission committed against the community at large that is punishable by the state‚ e.g. when a person commits a murder or even a minor offence such as speeding. The elements of crime Actus Reus: A Latin term‚ which means the guilty act. Actus Reus means that there must be an action or physical movement. Mens Rea: A Latin term meaning guilty mind‚ which means
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Habeas Corpus: Case studies INTRODUCTION The right of personal liberty is guaranteed by Article 21 which says‚ ‘no person shall be deprived of his life or personal liberty except according to procedure established by law.’ The writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the right to personal liberty. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights‚ but they are for practical
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treatment orders‚ home detention‚ suspended sentences and imprisonment. Imposing sanctions among offenders is highly successful in our society today as they may deter the individual/ general community from committing/re-committing a crime‚ to protect the society‚ to punish the offender‚ in many cases to rehabilitate the offender and to show that the crime is unacceptable. Imprisonment is a criminal sanction which removes the offender from society by detainment in a prison. Imprisonment is effective in
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the protection of the society and its interests‚ the prison downgrades the prisoner instead of protecting his social status. He automatically loses his job‚ he cannot contribute effectively for the preparation of his defence and the burden of his detention falls heavily on the innocent members of his family. If upon the conclusion of his trial he is found not guilty‚ who will recompense him for the loss of status‚ the stigma of jail and the adversity that befell his family
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