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Criminal Justice Case Analysis

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The court may state without any fear of contradiction that if the failure of justice is not bestowed its due signification in a case of the present nature, every procedural lapse or interdict would be given a privileged place on the pulpit. It would, with unnecessary interpretative dynamism, have the effect potentiality to cause a dent in the criminal justice delivery system and eventually, justice would become illusory like a mirage. It is to be borne in mind that the Legislature deliberately obliterated certain rights conferred on the accused at the committal stage under the new Code. The intendment of the Legislature in the plainest sense is that every stage is not to be treated as vital and it is to be interpreted to subserve the substantive …show more content…

The decisions rendered in
Moly (supra) and Vidyadharan (supra) have not noted the decision in Bhooraji (supra), a binding precedent, and hence they are per incuriam and further, the law laid down therein, whereby the conviction is set aside or matter is remanded after setting aside the conviction for fresh trial, does not expound the correct proposition of law and, accordingly, they are hereby, to that extent, …show more content…

6.3 Suggestions Following course of action may act as a starting point in this regard:
• It is required to take strict action against the persons connected with the system for their failure to perform their role according to the requirements of law. It must be ensured that derailment, deliberate or due negligence or ignorance must result in punishment. The existing laws in this respect be implemented with vigor and fresh look at some of the old laws be taken with a view to pug up, the deficiencies, which give rise to scope for lack of commitment. The control mechanism be evolved to ensure responsibility for lapses in performance of the role not only by the governmental functionaries but also the non-governmental functionaries such as witnesses and advocated vitiating the process of justice. The changes should be such as to clearly sellout the responsibility of each agency so that there remains no ambiguity for any agency to shirk its share of

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Case Analysis. Prosecutor’s Case Against James Earl Ray: The prosecutors have enough efficient evidence in establishing guilt against James Earl Ray concerning the murder of Dr. Martin Luther King, Jr. First, James Earl Ray was in close enough vicinity of the Lorraine Hotel to successfully fire a clear shot to kill Dr. King from only a block away. The location of Bessie Brewer’s boarding house was in the perfect position of being only a block away, in making the kill shot that killed Dr. King. Second, The high-power rifle with a scope mounted on it was in a bundle with a couple beer cans, the receipt, as well as the binoculars, all had fingerprints that belonged to Ray on them.

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1383 Words | 6 Pages

This case showcases a lot of important concepts regarding criminal law such as the scopes/sources of criminal law, the elements regarding the crime of kidnapping, the

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610 Words | 3 Pages

Facts: Before dawn on August 21, 1983, Petitioner and other members of “Vice Lords” street gang became in rival fight with “Black Mobsters”. James Jackson, from Black Mobsters, went to the home where Vice Lords fled to. A second fight broke out with petitioner and three others from gang and severely beat Jackson. Vice lords put Jackson in a car, drove to a nearby street and left him face down in a puddle of water. Later that morning police found Jackson dead, where he had been left.

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588 Words | 3 Pages

You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.

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588 Words | 3 Pages

April Smolkowicz Professor Hicks Criminal Procedure 3700 June 14, 2015 Law and Disorder Assignment #2 A story about the New Orleans Police Department, (NOPD) after Hurricane Katrina, and their unethical use of lethal force against citizens. An investigative look into the NOPD cover-up, conflicting information, questionable police reports and activities, knowingly altering, concealing and conspiring. At one point the city was covered in water, no electricity, no radio for back-up, no way of communication unprepared for the storm that hit, they lost command and complete control of the police department. Suspicious deaths, premeditated homicide?

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1366 Words | 6 Pages

Issue #1: May the roommate be considered a keeper or harborer of the dog, when she cared for and lived with the dog that bit her finger, causing her to receive eight stitches? Issue #2: Was the roommate teasing, tormenting, or abusing the dog when she struck it with her shoe, right before the dog lunged at her shoe and mistakenly bit her finger, causing her to receive eight stitches?

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139 Words | 1 Pages

Even out of some of the unfortunate poor men, women and who have been languishing in jail for years, some of them were ordered to be released on bail during the pendency of their trial by various courts on certain conditions. There under-trial prisoners could not be released despite release order not only for day or months but for years for not fulfilling the conditions which were attached to the bail orders, because of their extreme poverty and ignorance. The court in the larger interest of justice, deemed it appropriate to depart from the practice of only giving general directions but passed fresh bail order in all such cases after relaxing the conditions attached to the bail order so that hundreds of these languishing under-trial prisoners

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296 Words | 2 Pages

Specialized courts are specific in what roles they play in the criminal justice system. These courts are handling domestic violence cases and drug court cases. The goals for these types of courts have multiple reasons like to reduce the number of people entering jails and prison.

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1207 Words | 5 Pages

The judicial branch must play the mediator and the ultimate interpreter of the law of the land. It may be difficult to precede in different cases based on the circumstances. Verdicts sometimes are determined by the era we are in, the culture, politics, one’s personal belief, and even the media. These components may have played a factor in their ruling. They must make

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185 Words | 1 Pages

The Appellate court remanded the trial court's decisions on the following issues: (1) Did the district court err in affirming that the student was no longer eligible for special education under the IDEA Act based on her strong academic record, however not determining whether she had a reading fluency deficit? and (2) Did the district court err by failing to make an independent judgment based on parents' additional evidence? It was stated that the district court should exercise independent judgment and that they weighed too heavily on Jane's overall academic achievement when the deficiency in reading fluency was sufficient to support eligibility. Also, the district court did not make an independent judgment as to the additional evidence

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175 Words | 1 Pages

Law and order: special victims unit Season 1 By Sergio perez Law and order: SVU is a crime, drama television series that premiered on NBC on September 20,1999, as the first spin off to dick wolfs successful crime drama, law and order. This version of law and order takes place in New York City, and the special victims unit is located in the 16th precinct of the New York City police department. Law and order: special victims unit is based around crimes with sexual nature, such as rape and domestic abuse, as well as cases involving children and elderly.

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438 Words | 2 Pages

Criminology P2 The Home Office is a department part of the government who are in charge of immigration; security as well as law and order (e.g. the police) in the UK. Meaning they are in charge of any British visas, and even special security services like MI5. The British Crime Survey (BCS) now known as the CSEW, is a survey in which people living in areas of England and Wales are interviewed about any experiences with things they perceive to be criminal activity anytime during the year.

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1552 Words | 7 Pages

Law reform- official and non-official- comprises several components and involves a variety of activities. It is the process where law is shaped and modified over the time to display better social values that society feels are important to have. The legal system cannot stand still. A major function of the legal system is to respond to changing values and concerns within society, resolve their issues as they develop, tackle problems that occur in legal cases or events, promote equality and respond to scientific or technological developments. Research in law is an important component of the process of law reform.

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965 Words | 4 Pages

The analysis of the text offers the possibility to point out eight basic features which are not typical of the majority of civil law countries: 1) Criminal law is codified in one legislative act (the Criminal Code); 2) There is no concept of misdemeanor; criminal law is strictly distinguished from administrative law. It means that crime is strictly distinguished from other types of illegal behavior by the presence of a socially dangerous element; 3) There is no concept of administrative prejudice in criminal law due to the same strict distinction between criminal law and administrative law. Administrative prejudice in criminal law means that an illegal behavior is considered to be criminal when this behavior occurs within some time fixed by law after imposing an administrative sanction for the identical illegal behavior; 4)

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