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Legal Question [HELP] (1 Viewer)
- Thread starter Bisu
- Start date
imnotwallace
Member
- Joined
- May 8, 2009
- Messages
- 46
- Gender
- Male
- HSC
- 2010
I'm not sure if I'm on the right topic/track here but here are some of my thoughts.
In the criminal process, we want criminals behind bars, yes? Thats our community interest.
But that follows we need safeguards for the individual whom might be falsely accused of a crime.
Proof beyond reasonable doubt - Criminal cases have this to make sure we get the right guy (well, most of the time). We need this because basically, the State (the police) have an infinite amount of resources in comparison to the individual who's stuck behind a gaol cell. This evens the playing field.
The right to remain silent - In our legal system, we are lucky to have this right. Entire court cases have been thrown out because police officers forget to say these rights. There's nothing worse than being coerced into sticking your foot into your mouth in front of a police officer.
Habeas Corpus - An old legal notion that you can't be detained without a charge. This stops the police from arresting whomever they like. If you're arrested, you have a right to know on what charge.
Double Jeopardy - Once innocent, always innocent. Stops the State from endlessly persecuting you after being declared 'innocent'.
Court hierarchy - So if you get wrongly accused, its not an end all. Allows for avenues of appeal to higher courts to challenge and/or overturn a verdict. Thanks to Double Jeopardy, you only need to be proven innocent once to be safe and free.
Summary hearings - We don't want cases clogging up the court system so any serious cases go through these to determine if there really is a case to be argued. This speeds up how the community handles the crimes that occur in society. (I mean, have you any idea how many people flock to the courts every Monday to clear out those weekend drink-driving charges?) And if a case is deemed unable to go to trial, its a win win, no one is wrongly put on trial or the State gets more time to gather evidence.
hope this helps.
In the criminal process, we want criminals behind bars, yes? Thats our community interest.
But that follows we need safeguards for the individual whom might be falsely accused of a crime.
Proof beyond reasonable doubt - Criminal cases have this to make sure we get the right guy (well, most of the time). We need this because basically, the State (the police) have an infinite amount of resources in comparison to the individual who's stuck behind a gaol cell. This evens the playing field.
The right to remain silent - In our legal system, we are lucky to have this right. Entire court cases have been thrown out because police officers forget to say these rights. There's nothing worse than being coerced into sticking your foot into your mouth in front of a police officer.
Habeas Corpus - An old legal notion that you can't be detained without a charge. This stops the police from arresting whomever they like. If you're arrested, you have a right to know on what charge.
Double Jeopardy - Once innocent, always innocent. Stops the State from endlessly persecuting you after being declared 'innocent'.
Court hierarchy - So if you get wrongly accused, its not an end all. Allows for avenues of appeal to higher courts to challenge and/or overturn a verdict. Thanks to Double Jeopardy, you only need to be proven innocent once to be safe and free.
Summary hearings - We don't want cases clogging up the court system so any serious cases go through these to determine if there really is a case to be argued. This speeds up how the community handles the crimes that occur in society. (I mean, have you any idea how many people flock to the courts every Monday to clear out those weekend drink-driving charges?) And if a case is deemed unable to go to trial, its a win win, no one is wrongly put on trial or the State gets more time to gather evidence.
hope this helps.