Although extradition is a general procedure in a criminal justice system , it is quite terrible when people have to be sent to the foreign court and have little help in legal aspects. In recent years, there have been a lot of concerns in the Europe countries that the fast process of extraditions under the European Arrest Warrant (EAW) are biased against the innocent. (The Economist , 2010) Nowadays, the EAW is the automatic process in the European Union country which can extradite wrongdoers or the innocent. (The Economist, 2010) European countries agree to use the EAW because the extradition used to be an extremely slow and inconvenient process. Therefore, the solicitors can take advantages and earn a lump sum of money. Hoping to solve these problems, EU enacted the arrest warrant which can repatriate criminals from other countries and ended the situation. (Spencer, 2010) For example, Osman Hussain, who was a bomber and set off a bomb in London in 2005, was sent from Italy in a very short time because of the EAW. However, the EAW was criticized by critics that it was not fair with people who do not commit a crime and used with improper ways to extradite people from the country to another country. (The Economist, 2010) This essay will argue that there are many reasons why the EAW is unfair and can be considered as a burden on the innocent. However, it is not correct to reject this law but we should support the proposal to improve the procedural rights.
The first reason to
The globalization of crime has become a renowned problem for the law worldwide; as societies become more interconnected, an act in one country can have repercussions in another which is across another continent. This is primarily down to technological developments, as nowadays communication between countries is simple compared to decades ago. Alongside this transport is also a major problem, as it means that illegal activities can take place in more than one country as goods are transferred between the two, allowing the criminal world to reach all corners of the world.
Procedural fairness is an extremely important factor in achieving justice in the legal system. The importance of procedural fairness can be displayed through the case of Haneef v Minister for Immigration and Citizenship (2007) as there was a lack of procedural fairness applied, resulting in a lack of justice. Dr Haneef was suspected of terror related offences and subsequently held without charge for an excess of 12 days due to evidence linking him to a terrorist attack in Glasgow. This evidence was later proven incorrect. The links between Haneef and the suspected offences were not enough to go to trial. Dr Haneef was incarcerated for three weeks, two of which he was held in 23 hours isolation, after being wrongly convicted of a 'reckless association with terrorist groups.' His reputation was tainted and his VISA revoked, as well as his wife's without any reason for the cancellation. All of these actions during the investigation of Haneef show a lack of procedural fairness resulting in his unjust treatment. Justice was not achieved in the case of Haneef v Minister for Immigration and Citizenship (2007). This case reinforces the importance procedural fairness has in the legal system as it reflects the legal system not achieving justice when an individual is not treated with equal rights, opportunities and awareness of what is occurring. Therefore, the doctrine of procedural fairness is essential to achieving
In the discourse of criminal justice system bail is one of the arenas which not only generates a huge adherence but also a significant assumption. There are lot considerations take into place when the question of enlarging bail is comes into existence. The court or the police as a matter of fact are regulated by some principles, and it is obvious that not all persons who are engaged with an offence will be entitled to get bail. Bail is broadly used to refer to the release of a person charged with an offence,
The ubiquitous and prolific Dershowitz brings very unique perspectives to the table in this article and weighs in particularly on civil liberties and international justice in a time of terror. He argues passionately and persuasively that global terrorism is a phenomenon largely of our own making and that we can and must take steps to reduce the frequency and severity of terrorist acts. Dershowitz has a great deal to say and teach about the balance we are now struggling to achieve between domestic security and civil liberty.
Why not focus on just one nation instead of studying the problem of wrongful convictions across different nations? Research has been justified by comparative studies, satisfying the curiosity of the other nation’s justice system. The benefits of obtaining research from other nation’s studies is the most important. Often, we learn more about our own justice system by looking at it in the perspective of another nation 's system. The compare and contrast that we look at will decide whether our system should be improved so that what is served is justified. The improvement of justice through the reduction errors has made us undergo research. Therefore, the ones who take part to the cross national analysis and learning from each other about the ways the other nation’s systems work to avoid wrongful convictions.
There is a close relationship between human rights and criminal law. The scope of my paper will surround human rights and the International Criminal Court (ICC) in addition to human rights and international crimes. International criminal justice in this context speaks to those interested in prosecuting against the background of international human rights and humanitarian norms. The use of criminal law has many positive effects and pursues many goals that are worth considering. For example, deterrence, accountability and punishment are important principles that will be discussed in the context of human rights. Is the International Criminal Court an effective method to promote and protect human rights internationally? If so, why and how?
Throughout history, there has been many different times, all with different highs and lows. However, no matter which Era, certain problems always seem to shine through the cracks. This problem is usually caused by the sole culprit of crime. Crime is the largest problem in most times. Every time has its own crime; and therefore, every generation deals with crime differently, each using their own type of punishment and order. Also, each Era has had its own way to carry out the punishments. Oftentimes it had been through officials of crime. Though different generations have had it’s own special ways of dealing with this problem of law and order, one stands alone with its majesty and uniqueness: The Elizabethan Era. This Era had a very particular, somewhat violent, way to deal with it’s crime and terrors. The strange crimes, the frightening punishments, and the peculiar officials of crime from the Elizabethan Era were very different from the ones of today.
-Not all the nations will extradite their citizens to another country for prosecution like France and Israel.
In the Criminal Justice system, the main goal is justice or in other words, a fair consequence to match a criminal action. An obvious, yet unmentioned underlying goal is to prevent injustice. Many times, justice prevails, and this is why our system prevails today. However, when justice fails, it is key to look at the information offered in order to better the system and to repay those that have been failed by it. One area that has shown itself as flawed is the area of interrogations though many other areas will be presented throughout this paper as well. By examining five cases involving questionable interrogation and showing other system flaws, I will enlighten others as to how our justice system handles its flaws, and hopefully I will
The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.
Both domestic and international measures are somewhat effective in dealing with international crime. Both crimes against the international community and Transnational crimes represent both positive outcomes in dealing with international crime, thus, exemplify issues in key areas. Through intergovernmental organizations such as the International Criminal Court and Operation Sovereign Borders (OSB), international crime Is effectively dealt with. Hence, problems such as extradition and people smuggling are hard to contain. These four issues will also be discussed in light of key effectiveness criteria, including equality, access, resources and the protection of rights.
Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.
The legitimacy of the ECJ to uphold EU legislation is a necessary component of effective human rights policy. The history of its increase in power is worth noting. Throughout the 1960s and 1970s, the ECJ’s location in Luxembourg, far from the political fray in Brussels and Strasburg, prevented it from becoming a strong body of the EU. Yet, throughout that time the court methodically built case-law that would lead to its surge in influence in the 1980s. The two most significant developments of the court during this time period were direct effect and supremacy. These twin pillars clarified the relationship between the national and EU legal orders.
There will always be crimes as long as humanity exist on the planet. However not all crime that is taken place is rightfully justify and correct. There is will be corruption in the justice system which will cause false actuation on the prosecutor. Which could cause harm on one’s life. However, this could be avoided if the evidencewas more carefully reviewed.
To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to