Case Comment on the Principle of Legality Under Ethiopian Legal System

The aim of this project will be to review the law on manslaughter as it relates to drug dealers by analysing unlawful act manslaughter and gross negligence manslaughter. By first identifying cases relating to drug users and identifying the outcome of such cases and examining whether the outcomes are satisfactory by relying on relevant articles or journals which shall be explored. The court of appeal has tried to find drug dealers guilty under section 23 of the OAPA Act, further into the project it will be explored why the court of appeal have been unable to find drug dealers guilty under s.23, weaknesses of the court of appeal cases and what people have suggested might occur if drug dealers were able to be liable under s.23 will also be analysed. While

*****The key principle made in Beccaria 's On Crimes and Punishments is that punishment should be basically fitting to the crime that was committed.

One of the fundamental principles of the Criminal Law System is the presumption of innocence until proven guilty (McSherry, 2003). By enacting punitive legislation such as the examples given above, it has been said that it is removing this Common law right from the individual (Greig, 1995). It has also been said that it creates an exception to the general principle of law that no person shall be imprisoned unless a court comprised of Judge/Jury is convinced, beyond reasonable doubt that the person committed a very serious offence. Thereby effectively allowing people to be detained without the burden of proving guilt (Keon-Cohen, 1992).

2. Mohamed Haneef Case. 2014. Mohamed Haneef Case. [ONLINE] Available at: http://www.lawcouncil.asn.au/lawcouncil/ [Accessed 21 August 2014].

This essay compares the adjudicatory process of two countries: Nigeria and the United States of America in trying civil and criminal cases. For ease of readership, this analysis is conducted in four parts: The first part of the essay describes the American system; the second part describes the Nigerian system; the third part makes a comparative analysis; and the fourth part concludes the essay.

This shows reckless disregard as “the Parliament carries a great responsibility before passing legislation to ensure all our human rights, including the rights and liberties of all of us as citizens, are properly considered, debated and appropriately protected” [3]. As a result of this, key features of the International Covenant on Civil and Political Rights have been overlooked. These integral aspects include Articles 14, 19, 22 and 26 which are the right to a fair trial, freedom of expression, freedom of association and equality in the eyes of the law respectively. This directly clashes with the piece of legislation stated above with significant aspects of those acts being centered upon the disentanglement of criminal organizations. And aiming to quash the joint planning of criminal activity the acts stated above being The Vicious Lawless Disestablishment Laws (VLAD) centralize upon the targeting of outlaw associates, banning the display of club insignia, providing additional mandatory punishment above the regular offence for members and associates of outlaw organizations as well as the “reversal of the onus of proof”

In conclusion, it has been demonstrated the social construction of the lawful and unlawful homicide by using the actions of the police officers in two different cases. In the Mark Duggan case, the lawfulness of the homicide was demonstrated by police officer complying with the theoretical outlooks of Beccaria and Durkheim (Williams, 2012). Protecting the people and their cultural biases, applying the punishment that straightens the social bonds as well as following laws and legislations despite of unwanted reaction in from of riots portray Mark Duggan’s killing as a lawful homicide (IPCC (a), 2015). However, if laws and legislations were not followed and actions were not aimed to protect people which led to a break in social bonds the reasonable

Against the criminal act of pure smuggling would be carried out the act of investigation With the establishment of anyone suspects who allegedly involved and responsible for these crimes, then be passed on the next phase which is the process of the court

The second part of the paper will review the arguments of crown and counsel while comparing them towards the judge’s decision. Counsel argued the accused the accused use of

The government has made mandates and laws protecting the innocent and victims of these crimes and preserve justice in the society. However, if in case a person is involved in any crime of the state, they need to understand their charges and the consequences of each crime will be implemented.

A – Application of the Rule of Law to the facts of the present case.

Our current ideology on crime and justice dates back to thousands of years back. This paper will compare and contrast our system and sense of crime and justice with the society Malinowski describes in “The Law in Breach and the Restoration of Order”. In our modern era, it is acceptable to think Hammurabi code is ideal to pursue crime and justice or Cesare Beccaria’s approach towards the pursue of justice is best for the society. To each to its own when it comes to this based on their own values. But regardless of how extreme, or mild our societies thought can be to sought after justice for crimes, the ultimate purpose of all of it to teach a lesson to the individual who committed the crime and to others.

Since the beginning of the regime on criminal law, countries across the world have been focused on the rights of the accused and not those of victim. This is because of the consideration that the accused is alone and the government as well as the societal machinery is running against him.

Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law

This essay will consider what legal punishment is; it will draw a distinction between the two main categories.[3] It will focus on utilitarianism