Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these same processes and principles. This is exemplified through the Andrew Mallard case (M v The Queen 2005 HCA 68), and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles such as; the rights of the accused and victims, are instrumental in achieving justice as shown through the application of these principles within these cases. These processes and principles can fail due to prejudged conclusions, police corruption, human error and cultural barriers …show more content…
Victims’ rights include being informed of the investigation, being able to make a witness statement, being informed of the charges laid against the accused and being treated with sympathy and compassion. (Charter of Victim’s Rights NT 2016). The rights of the accused are outlined Article 14 of ‘The International Covenant on Civil and Political Rights’, which states that the accused must; be informed of the charges laid against them, have adequate time to prepare and choose a counsel of their choosing, be tried without undue delay, be tried in the presence of the court, not be compelled to testify against themselves or confess guilt and be compensated by the court if wrongfully convicted (ICCPR 1966). These rights must be upheld to ensure equality before the law, however, when neglected justice is denied as illustrated in the Mallard and Raggett …show more content…
This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice
To support their conclusion the board tells the story of two men who were exonerated after spending thirty years in prison for a crime they did not commit. Days after the rape and murder of eleven year old Sabrina Buie, half-brothers Henry Lee McCollum and Leon Brown confessed to the crime. Not only were their confessions made under pressure without parents or an attorney present, but the prosecution failed to present multiple pieces of evidence to the defense lawyers, DNA evidence that proved McCollum and Brown were not responsible for the murder. In fact, the DNA belonged to a Roscoe Artis, who was a suspect all along and was convicted of a similar crime just weeks later.
I take into consideration that instead of authorizing the state or professional to ratify and speak their mind, the most relevance to a case the court should take into consideration of what the victim seems fit as a fair punishment or payment in forms of restitution, whether it is labor or monetary to then go along with the judge 's sentence. “The Charter, apart from other things, sets forth that the victim should enjoy the same rights as the culprit. But it is not enough to put this in writing, the law has to be changed in such a way that the victim is not only not deprived of his say, but has rights at least equal to those enjoyed by the accused”. I agree with the previous quote due to the fact that victims should not be deprived from speech and equality. I believe that by having the original parties engaged rather than being driven to the side, society will be more concerned to make sure that everyone is given fair, equal and consistent resolution to a conflict. This would establish that the neighbourhood and state have a set of shared values and goals that they are working towards to support social order. “At present, the role of a victim of a crime is only at the periphery of the criminal justice delivery system. Once the first information is furnished, the only stage at which the victim comes into the picture is when she is called upon to give evidence in court by the prosecution. The victim virtually
A thorough investigation can be the difference between proving an individual innocent or guilty (Reference). Investigations are highly important, however need to be precisely accurate and contain no mistakes to prevent a wrongful conviction of an individual (reference). This essay will focus on Mr. Farquharson’s homicide Investigation process. By doing so this essay will analyse and identify the process in which the investigation took place, failures or weaknesses made by police, recommendations that could have been made to improve the validity of the investigation and lastly the role in which social media influenced individuals to believe a certain view point and convict Robert Farquharson of murder.
First and foremost, is the case of Peter Reilly. Peter Reilly was convicted of manslaughter at the age of nineteen in 1974 (Lender, 2011). Reilly had found his mother dead in their home (Lender, 2011). Peter Reilly was interrogated without legal council for over an entire day’s t...
This essay predominantly focuses on the governance issues in regards to the organisations involved in the Tia Sharp case. Tia Sharp of Pollards Hill, Mitcham, was murdered in August 2012 at the hands of her grandmother’s partner Stuart Hazell who was jailed for 38 years after pleading guilty in May of that year. The body of the Raynes Park High School student was found wrapped in bin liners in the loft of the home that Hazell shared with Tia’s grandmother in the Lindens, New Addington, on August 10th - a week after she went missing. (L May, 2013)
Many people in London are not willing to accept murder as a form of justice as previous research reports and most especially the family of Mark Duggan. Duggan’s family together with many other people opposes the lawful killing arguing that the killing was not properly justified. On the other hand, the state of London carried out investigations and found out that the killing was vindicated and thus it was a lawful killing according to the metropolitan police. The report given by the government to mark the accountability of the killing of Mark Duggan lawfuly took a period of three and half years to be written and had been announced to the public and the family of Mark Duggan. The mother of Mark Duggan, Pamela Duggan said that the state’s report was just like a slap in the face because it took much time to come up with the report and thus Pamela as the mother of Mark did not trust the report. To some extent, Pamela Duggan was right because it is impossible for a state of a nation to carry out investigations for the killing of one person for a period of more than three years meaning that the investigations had been interfered with by government officials in the fear of being blamed of having murdered someone. At each and every stage of the investigation, the state has been seen to avoid the blame of having murdered Mark Duggan and
A thorough investigation can be the difference between proving an individual innocent or guilty (Reference). Investigations are highly important, however, need to be precisely accurate and contain no mistakes to prevent a wrongful conviction of an individual (reference). This essay will focus on Mr. Farquharson’s homicide Investigation process. By doing so, this essay will analyse and identify the process in which the investigation took place, failures or weaknesses made by police, recommendations that could have been made to improve the validity of the investigation and lastly the role in which social media influenced individuals to believe a certain viewpoint and convict Robert Farquharson of murder.
After being given the murder of Nisha Patel-Nasri to study, the initial starting point was to gather as much information as possible about the case, a YouTube documentary (real crime UK 2010) on the case and investigation leading to the arrest and sentence of Fadi nasri and the other men involved gave us a good starting point for the investigation. The discovery of this documentary and the depth it went into created a feeling of intrigue and a form of excitement toward the case and the want to find out more. To do this we split our investigation up between the group into the key area, the suspects, the victim, the investigation, the trial and outcomes and any key changes in the law due to the case, everyone in the group was enthusiastic about the case and eager to get started. The area which I was studying was the trial and outcome for the suspects/offenders, this was an area I was keen to look into, as a law student I felt I could use my pre-existing knowledge of the law and the legal system to help analysis the case outcomes, and look into the judge’s decisions, appeal cases and convictions. As a fairly recent case, 2006, and not being hugely influential in current law it was difficult to find many books or journals on the case, a problem which many of the group found studying their respective areas, this therefore meant we had to be more creative in the references we used. As I was researching the outcomes I went to the legal website of west law to see if the case was reported on their unfortunately the main case involving Fadi, Jason, Roger and Tony was not reported by the website, but reported was the appeal of Roger Leslie (R v Leslie) the following year. This allowed me to uncover some of the what the judge and Roger, one o...
While people have the right to live in a safe community the key right governed by the legislation surrounding bail laws, is the right to the presumption of innocence. The right to be “presumed innocent until proved guilty” is articulated in Article 11 of the Universal Declaration of Human Rights, which was drafted by the General Assembly in 1948, that of which Australia was a part of (United Nations, 2018). The Rule of Law is a principle of governance that ensures that no one is above the law therefore enforcing consistency, fairness and equality. The presumption of innocence plays an important role in preserving someone’s innocence and not punishing them for a crime that is yet to be proven. This fundamental right also acts as a judicial review and regulates powers of the Government, limiting their ability to hold people on remand
These murder cases stayed unsolved for decades, and their resolution may give some sense of closure to the long-suffering families of the victims. But these triumphs are largely symbolic. By congratulating ourselves too much for them, we risk neglecting the challenges of the present.
This essay will analyse a contemporary Policy document policing in the 21st century: Reconnecting police and the people. It is a document presented by the secretary of state for the Home Department by Command for Her Majesty in July 2010. It will look at how some philosophies of punishment and models of criminal justice are convincing in explaining the methods and tactics used to formulate criminal justice policies as evidence in Policing in the 21st Century: Reconnecting police and the people. Other policy documents will be looked at in other to compare their similarities. Crime control, bureaucratic models the philosophy of deterrence and rehabilitation are convincing in explaining the politics of this policy document. Due process and the other models of criminal justice has had very little or no influence in writing of this policy. The argument will be that though crime control is the main function of the police, it is not the only function. There must always be a compromise between a Due process and crime control [Newburn, T. P .561]
The criminal investigation process is the primary role of state and federal police officers in Australia, though the focus of this essay will be on the NSW Police Force. The police are a law enforcement body, and in regards to the criminal investigation process they investigate crimes, make arrests, interrogate suspects and gather evidence. The criminal investigation process has mixed effectiveness as a means of achieving justice. Though measures have been implemented to encourage accessibility, the criminal investigation process is still somewhat hindered by public perception of the legal system. Though the criminal investigation process is designed to balance the need for individual rights with achieving justice, in practice it faces widespread
Access to justice and the right to a fair hearing are fundamental to the rule of law and any just society which values dignity and fairness. access to justice is for the most part understood as access to the kind of life and the kinds of communities in which people would like to live. It is about accessing equality, understanding, education, food, housing, security, happiness, et cetera. It is about the good life; that is ultimately the point. The more researchers, policy-makers, and practitioners understand this, the more their efforts to reform access to justice will yield fruit. Good laws, rules, judges, educators, lawyers, and courtrooms are all important. As the Honourable David Johnston commented in the context of the legal profession, “We enjoy a monopoly to practise law. In return, we are duty bound to serve our clients competently, to improve justice and to continuously create the good. That’s the deal” (Farrow, 2014, p, 983). The same can largely be said for all who work in the justice
Hodgson, Jacqueline. "Adding Injury to Injustice: The Suspect at the Police Station." Journal of Law and Society Mar. 1994: 85-101. Academic OneFile. Web. 15 Feb. 2015.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...