There is often an argument in legal circles to count on silence of accused as a sign of guilt because he is supposed to provide reasons and defense arguments for every question raised during pre-trail investigation. In our question we will deal with the same issue. Is there any…
This right is based on the Latin maxim nemo tenetur se ipsum accusare (no man is bound to accuse himself’). This principle is found, explicitly or by convention, in many of the worlds legal systems including England and wales. (Murphy, P Murphy) Criminal justice and Public Order,1994, section 38, provides that no conviction shall be based wholly on silence of the accused. Furthermore, though not explicitly found in Europpean Convention of Human Rights, (Dennis, I H ,2002) still in the rulings of Europan Court of Human Right, right ot keep silence is maintained. ( Murray v. UK. 1996) It is therefore, found that Imtiaz’s silence during pre-trial period is based on his legal right and will not esteblish any offence against him. For this purpose, the prosecution can not equate his silence to his confession in a court of law. In order to esteblish any guilt, prosecution shall have to maintain his case beyond admission during custody and the case should be suported by the evidence.
To keep silence in pre-trail inquiry by police is an esteblished right of the accused. He may maintain his position even when there is no advice by his solisitor or his solicitor advices against silence.
It is found in this case that the accused Imtiaz had kept silence on advice of his solisitor and he also mentioned the same in his statement. However, he did not mention any reason for the same. Now, would there be a change in situation and legal consequences on the ground that accused had given any reason for solicitor’s advice? To be very simple, it must be seen in view of accused’s right. Accused is not bound by the advice of his solicitor as in the case of co-accused, Shannan, who refused to have a solicitor altogather and gave her statement. Solicitor is supposed to guide you as per law and no advice against the law of the land is expected from a legal counsel. In this case, too, the advice by Imtiaz’s solicitor is based on ...
Cite this document
(“Law of Criminal Evidence Essay Example | Topics and Well Written Essays - 1500 words - 1”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/386107-law-of-criminal-evidence
(Law of Criminal Evidence Essay Example | Topics and Well Written Essays - 1500 Words - 1)
“Law of Criminal Evidence Essay Example | Topics and Well Written Essays - 1500 Words - 1”, n.d. https://studentshare.net/miscellaneous/386107-law-of-criminal-evidence.
The author states that in Asif and Molly’s cases, the prosecution had the burden of proof. The standard applicable here is the ‘beyond reasonable doubt’ legal standard . Asif had been accused of stealing iPods and so was Molly. Although the evidential burden was represented by the presentation of witnesses.
Judicial decisions are based on cold logic and cogent thinking besides legal dexterity. There may be many relevant facts to a case which may not be prima-facie available, and yet may be prime material for the establishment of guilt or innocence of the defendant.
This topic is also related to confessions which are also largely utilised as part of evidence and often raise the issues of the integrity of the defendant's basic human rights.
Previously this area was dominated by the common law rules, following the rather inclusionary practice of admitting any kind of relevant evidence no matter where it was sourced from.
However, although routine vehicles stops have been instrumental in apprehending criminals, there have been so many complaints about violations of the rights of the person specifically on the Fourth Amendment which states that the person
Federal Rule of Evidence 402 states, in part, “All relevant evidence is admissible, except as otherwise provided.”1. Evidence maintains great significance in legal prosecution, particularly in the law of
In order to provide substantial evidence, the prosecutor and the attorney has invited a witness (Mr. Mickie) to provide testimony concerning the above allegations.
A variety of issues emerge from this case, to begin with, Miss Maggie argues that
When defending a case and the evidence has been offered at trial, you must stand against it that it is a hearsay and no evidence exist to prove the words or actions, further more, the defender should argue that the
However, the Fourth Amendment allows police officers to conduct Stop and Frisk searches when they have a suspicion that a person might be involved in an illegal activity. However, this does not give the
The major forms of criminal evidence are verbal and physical evidence. In verbal evidence there are confessions whereby the defendant can decide to confess that he or she committed the crime. Testimony offered by the witness is also
3 Pages(750 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Law of Criminal Evidence for FREE!