it intends to prevent the intake of drugs and alcohol. The school is responsible to maintain the safety instead of administering an unconstitutional policy which is against human rights. In addition‚ the breathalyzer test is against the presumption of innocence‚ which is one of the legal principles. For example‚ the student group at the Northern Secondary School argued for the prohibition of the policy successfully as a precedent because the way the test would work made them feel guilty. Students
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Due Process Nancy Nevarez August 25‚ 2010 Hal C. Kern III CJA 224 Due Process Due process is procedures that effectively guaranteed the individual rights in the face of criminal prosecution and those procedures that are fundamental and rules for a fair and orderly legal proceeding. Due process have the Fifth and Fourteenth Amendments constitutionally guaranteed rights of an accused to hear the charges against him or her and to be heard by the court having jurisdiction over the matter. It
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Keegstra cases similar and dissimilar? Both cases violated fundamental freedoms and more specifically Section 11(d) which is procedural & substantial protection of the Charter of Rights and freedom. The section was clearly violated with the presumption of innocence between both Oakes and Keegstra. Reverse onus was also shifted onto them both which is the ‘shift of the burden’ is placed onto the defendant. In this‚ Oakes had to prove that he was not trafficking and Keegstra had to prove his speech was
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involving the criminal justice system. Although neither are perfect‚ I believe the crime control model affords us the best opportunity to suppress crime in our current climate. The due process model of criminal justice focuses more on the presumption of innocence rather than of guilt (Bohm & Haley‚ 2011). For a due process model advocate‚ “it is better to let a guilty person go free than it is to wrongly convict and punish an innocent person” (Bohm & Haley‚ 2011‚ p. 153). They see that mistakes
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between the police power to restrict the liberty of a man who is alleged to have committed a crime and the presumption of innocence in his favour. The police has been conferred with powers of arrest and custody of accused by the state for the protection of its citizens from the criminals. It would be grossly unjust to keep an accused person under arrest with the aim of punishing him on the presumption that he is guilty‚ if he were eventually
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Capital punishment violates human rights and therefore cannot be justified for any reason. According to the Universal Declaration of Human Rights‚ every human has the inalienable right to life and the right not to be tortured or subjected to any cruel‚ inhuman or degrading punishment. The death penalty is not always smooth and painless‚ and therefore it is torture. Every legal system is fallible‚ and it would therefore be very possible for innocent lives to be extinguished. The death penalty can
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held responsible.” In one of the defenses of a criminal charge‚ there is one topic where people are innocent until proven guilty. It is an actual presumption where the judge and jury assume they are innocent until they show otherwise. That is why a defendant can remain silent‚ “plead the fifth‚” or propose evidence to his or her assumption of innocence. In another defense case of a criminal charge is when the prosecutor demonstrates the jury or the judge that there is no reasonable doubt of the
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counsel during interrogation would be clearly unjustified since its purpose is inconsistent with the values of a “free and democratic society’’. It constitutes a "reverse onus" clause and held it to be unconstitutional because it violated the presumption of innocence now entrenched in s. 11(d) of the Canadian Charter of Rights and Freedoms. Furthermore‚ in order for a government action that infringes Charter rights to be justifiable‚ the Charter right must be impaired as little as possible. However‚ the
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particular‚ were "vulnerable‚ fragile‚ and dependent innocents" in need of protection and understanding (Vannella). However‚ this belief seems difficult to attribute to juveniles who commit acts of violence. The belief that juveniles possessed an innocence that protected them from reaping the consequences that adults must endure stayed strong throughout the next century. It was a common belief that juveniles should learn from their actions instead of paying for them. They should be reprimanded softly
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and an acknowledgment of guilt. On the other side of the table‚ prosecutors consider the time and costs resulting from holding a full trial‚ the chance that a clever defense attorney might be able to persuade a recalcitrant jury of the defendant’s innocence‚ and the potential value of testimony that might be bought from the accused using reduced charges and shorter sentences to secure cooperation. Clearly‚ both the accused and prosecutor benefit directly from the plea-bargain system. However‚ other
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