the presumption of innocence‚ since it is now more prominent that we have to had evidence‚ before we accuse someone of a crime. As well as what the laws were in Salem and where there origin began. Salem laws had a lead role in the cruel and deadly punishments of the Salem Witch trial even though there were ways to escape the punishments. Since then‚it has helped changed the way of our punishments today‚ yet we still keep the capital punishment for those more severe crimes. Origin Presumption of Innocence
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legal system to ensure that there is fairness across the board for those involved in the legal system‚ whether defendants‚ plaintiffs‚ or others. There are two ways in which the legal system ensures fairness. On one hand‚ there are the general presumptions and procedures to ensure a fair trial or court hearing. On the other‚ there is the system of law which is intended to ensure fairness in society; this is known as the Law of Equity. Justice must not only be done‚ it must be seen to be done‚ if
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Twelve Angry Men illustrates the dangers of a justice system that relies on twelve individuals reaching a life-or-death decision Discussion From the introduction after the headline‚ we are informed that twelve angry men come from different hierarchy‚ some of them are wealthy‚ high-education people‚ and some of them are poor‚ refugee people. they also have different disposition‚ juror No.3 is a mean and extremely opinionated person‚ and No.2 is a hesitate person; most of them are quite different
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The basis of law… The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. The first element (body of rules) is self evident‚ the hidden part is these rules are found in a myriad of different places. The second element (law is enacted by a public official) is critical. all places have rules but they are not
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Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer‚ with the permission of the publishers‚ Stanford University Press. ( 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice‚ Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal
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rests on who asserts‚ not on who denies”. This coincides with the presumption of innocence that is afforded to all. The presumption of innocence is a worldwide fundamental principle that has been given human rights status having being written into article 6(2) . There is an overhanding presence about just how vast the rights given by the presumption of innocence are. Scholars often doubt the widely praised use of presumption of innocence. Many argue the process should be limited to the trial of the
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Chapter 14 Trace the history of trials by jury. The right to a trial by jury can be traced to the Magna Carta in 1215. This right was incorporated into Atricle III‚ Section 2‚ of the Constitution with respect to the federal government‚ and in the sixth amendment‚ with respect to the states. Analyze the scope of the right to a trial by jury in a criminal case. The right to a trial by jury applies to all non-petty criminal offenses‚ usually interpreted as offenses punishable by a term of imprisonment
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Starting off with a paragraph taken from an article written by John H. Langbein: “…the main work of a legal system is deciding matters of past fact. Blackstone remarked that “experience will abundantly show that above a hundred of our lawsuits arise from disputed facts‚ for one where the law is doubted of.” Was the traffic light red or green? Was it O.J. Simpson or somebody else who wielded the dagger? Find the facts and the law is usually easy…”1 Adrian Keane and Paul McKeown have noted down that
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Bail Court not to Functions as Trial Court A Court cannot conduct a mini trial at the time of considering a bail application.141 At the stage of granting of bail‚ the Court can only go into the question of the prima facie case established for granting bail. It cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial.142 The Court is not expected to
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societal justice that allows for difference and for doubt‚ where the pragmatist might desire expedience and a retributive justice (revenge) as against a restorative justice dependent on a burden of proof provided by the prosecution and the presumption of innocence of the accused. You also need to know what optimism means‚ to understand why Rose’s view is much more positive. He has a hope for the democratic processes that take place in the jury room‚ even although they are flawed‚ they are still
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