Speedy Trial as a Human Right
The right to a Speedy Trial is first mentioned in that landmark document of English law, the Magna Carta. With evolution of concept of Human Rights in 20th century, Right to Personal Liberty emerged as one of the basic Natural Right of every human being. Deprivation of personal liberty is caused when any person is under detention for any alleged crime. This makes it necessary to establish a balance between need of Criminal Justice System and protection of basic Human Rights of an accused person. Over a period of time lot of water has passed under the bridge. And it has come out that Right to Speedy Trial is most important Human Right of an accused person and is implicit in Right to Life and Personal Liberty. Major International documents takes cognizance of this and provides directly or indirectly Right to Speedy Trial as Human Right. These are: A) International Covenant on Civil and Political Rights
Article 9(3)- Anyone arrested or detained on criminal charge shall be entitled to trial within a reasonable time….. Article 9(4)- Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a Court, in order that Court may decide without delay…..
B) African Charter on Human Rights
Article 7(1)- Every individual shall have the right to have his cause heard. This comprises:…(d) the right to be tried within a reasonable time by an impartial Court or Tribunal. C) American Convention on Human Rights
Article 7(3)- Any person detained shall be entitled to trial within a reasonable time….. Article 7(4)- Anyone who is deprived of his liberty shall be entitled to recourse to a competent Court in order that Court may decide without delay…..
D) European Convention for the Protection of Human Rights and Fundamental Freedom, 1950 Article 5(3)- Everyone arrested or detained shall be entitled to trial within a reasonable time….. Article 5(4)- Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a Court…..
This kind of recognition as Human Right given to Right to Speedy Justice has made many States to provide it expressly as Fundamental Right and even if not provided so expressly, then to ensure its enforcement as integral part of Right to Life and Personal Liberty.
Speedy Trial as a Fundamental Right
Speedy Trial is a Fundamental Right implicit in the guarantee of life and personal liberty enshrined in Art. 21 of the Constitution of India and any accused who is denied this right of Speedy Trial is entitled to approach Supreme Court under Art. 32 for the purpose of enforcing such right. The right to Speedy Trial is not a fact or fiction but a “Constitutional reality” and it has to be given its due respect. A delay in justice is not only unfairness but social injustice. The mental pressure imposed on the accused due to delayed justice is wholesome inhuman act. Courts may provide justice after taking long time but no court can ever provide the compensation of mental persecution, social isolation and self respect and self-esteem In Maneka Gandhi versus Union of India and Another , a Constitution Bench of the Supreme Court went into the meaning of expression “procedure established by law” in Article 21. The court held that the procedure established by law does not mean any procedure but a procedure that is reasonable, just and fair. The court read Articles 19 & 14 into Article 21 of the constitution for this purpose: The law must therefore now be taken to be well-settled that Article 21 does not exclude Article 19 and that even if there is a law prescribing a procedure for depriving a person of ‘personal liberty’ and there is consequently no infringement of the Fundamental Right conferred by Article 21, such law, insofar...
...The Salem Witch Trials and the 6th Amendment
April 11, 2012
A little 9-year-old girl named Betty and her older cousin giggle as they hurry home. It's getting late and it looks like it might snow. They whisper back and forth about what they have recently learned. The local fortuneteller had just informed them of the trade in which their future husbands would be employed. But they must hurry back before someone notices their absence, or worse yet, discovers where they've been. Betty is especially worried that her father might find out what she has been up to. You see, Betty comes from a devout Puritan family and her father is a Reverend. This type of behavior would be seen as most scandalous because this is Salem, Massachusetts in 1692. Is it possible that these seemingly innocent acts taken by someone so young could escalate and end up impacting the drafting of the 6th Amendment of the United States Bill of Rights.
What Happened in Salem?
The most popular historical perspective of what occurred is that in early 1692, the Rev. Samuel Parris’s 9-year-old daughter Betty and his 12-year-old niece Abigail, “began to fall into horrid fits”. There has been debate as to whether these fits were real, or if the girls were just acting. The village doctor could not explain these bizarre “fits”, and blamed it on the supernatural. One must understand that these were Puritans, their belief system...
...surcharge remitted and simplified traffic information dismissed.
In answer to the defendant's assertion in his affidavit of errors that his constitutional right to a speedytrial had been violated, the return of the court merely asserted that the right to a speedytrial did not apply to a traffic infraction. This assertion is incorrect, since the constitutional right to aspeedytrial applies to all prosecutions (People v Wertheimer, NYLJ, June 5, 1986, at 15, col 5 [App Term, 2d & 11th Jud Dists]). Although a constitutional speedytrial claim is not waived by a guilty plea, it must be asserted in the court below in order to preserve the issue for appellate review as a matter of law (People v Jordan, 62 N.Y.2d 825; People v Blakely, 34 N.Y.2d 311). In view of the failure of the return to give any factual data regarding defendant's claim, it cannot be known for certain whether defendant made any motion to dismiss on this ground. Even it he did not, however, it is our opinion, in view of his pro se status, that the matter should be reviewed in the interests of justice (CPL 170.40; People v Williams, 151 A.D.2d 795, lv denied 76 N.Y.2d 744; People v Walker, 141 A.D.2d 991, 992, lv denied 72 N.Y.2d 962). In doing so, we conclude that an unexplained delay of over two years in bringing a simple traffic
...Legal Rights during Trial
Introduction to Criminal Justice
March 22nd, 2013
Legal rights during a trial can be very important to the defendant in a case. These rights provide a lot of different options so that they can have their own choices about the case. All of these rights are in the 6th amendment to help the defendant in trial. I am going to discuss to you 4 of 8 different right for a defendant. The four I am going to be discussing are as follows, the right to confront witnesses, the right to counsel at trial, the right to a speedytrial, and the right to a public trial.
The first one I am going to be discussing the right to confront witnesses. It states in the 6th amendment, “In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witness against him.” (Siegel L. & Worrall J. 2013). This means that not only is the defendant allowed to confront any witness of their choosing but they can also participate in any way they want to in their own case. This can all be taken away from the defendant if misconduct is committed. This is done by the defendant not showing up for court. The confrontation can be violated if a testimony taken outside of...
The Trial by Franz Kafka chronicles the arrest of a worldly, young bank official, Joseph K. for an unknown crime and traces his struggles and encounters with the invisible Law and untouchable Court. Although the novel is critically acclaimed for satirizing the Austro-Hungarian bureaucracy of Kafka’s time it also seems to be criticizing the arrogance of the common people. Joseph K.’s eventual downfall is not just due to the in comprehensible judicial system but can be attributed to his own insensitive and egotistical character that allows him to take his arrest lightly and refuse help from others—leading to his final defeat.
K.’s somewhat arrogant, curt, and egotistical personality is apparent from the beginning of the beginning of the novel and can be seen through his encounter with his landlady, Frau Grubach. Frau Grubach is reliable conscientious and seems to be quite fond of K., evidenced during a conversation when she says “he could visit her anytime, he was her best and dearest boarder, as he well knew” (Kafka, 24). In spite of Frau Grubach’s generous hospitality, K. easily takes advantage of her—when he is talking to his neighbor Frau Burstner, K. says that “[Grubach’s] beholden to me since she’s borrowed a large sum of money from me”(27). K’s relationship with Frau Grubach seems to be reversed from the traditional landlady-tenant relationship—he has power over her. He even thinks “for a moment of punishing Frau Grubach by talking to...
...disclaimer: not mine.
WIKA AT KULTURA
Ang kultura ay ang pangkabuuang pananaw ng mga tao sa isang lipunan sa mundo at sa kanilang kapaligiran. Ang pananaw na ito ay hango sa mga paniniwala, tradisyon, uri ng pamumuhay, at iba pang mga bagay na nag-unay sa kanila at nagpapatibay sa bigkis ng pagkakaisa na siyang nagpapalaganap sa kanilang pangkalahatang diwa, pananaw, kaugalian, at adhikain. Ang bawat tao ay may kinabibilangang kultura na siyang kinalakhan niya at nagtuturo sa kanya sa mga papel na dapat niyang gampanan sa lipunan at kung paano niya ito maisagawa sa pamamaraang maituring na kanais-nais. Higit sa lahat ang kulturang ito ang kanyang sandigan at gabay sa kanyang paglalakbay tungo sa makabulohang buhay.
Ang kulturang ito ay nabibigyang anyo, naipahayag, at naipasa sa ilang henerasyon sa pamamagitan ng wika. Habang natutohan ng isang bata ang kanyang katutubong wika, unti-unti rin niyang nakukuha ang kanyang kultura. Ang mga salita na napabilang sa leksikon ng isang wika ay matinding indikasyon sa uri ng pamumuhay at pananaw sa mundo sa mga nagsasalita nito. Halimbawa, ang bawat grupo ng mg tao ay may kni-kanilang paraan at terminolohiya sa pagbibilang ng panahon: ang mga magsasaka, sa pamamagitan ng mga araw o buwan ng pagtatanim at pag-ani; ang mga pumapasok sa pabrika ay nagbibilang ng walong oras bawat araw at naghihintay ng akinse ng bawat buwan; at ang mga mag-aaral naman ay nagbibilang ng mga semestre sa pasukan at bakasyon.
Ang leksikon ng wika...
...importance of rights and demanded that the British rulers should respect rights of the people. The Constitution listed the rights that would be specially protected and called them ‘fundamental rights’.These rights are defined in part III of Indian constitution
The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government
Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. Judiciary has the
powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict...
...Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme court is the guardian protector of fundamental rights.
A very detailed Bill of Rights It is a very detailed and comprehensive Bill of Rights. It contains 24 Articles from 12 to 35. These describe in detail the fundamental rights of the people of India.
People enjoy only the rights given in the Constitution. The Constitution of India does not give any recognition to natural or un-granted rights People of India enjoy only those fundamental rights.
Special Rights for the Minorities. The India bill of Rights guarantees some special rights to the minorities. Cultural and educational rights have been granted to them. It abolishes untouched and makes it’s a crime. It has also granted special protections to women, children and the weaker sections of society.
Lack of Social and Economic Rights: It grants only civil rights and freedoms. Rights like Right to Work, Right to Leisure, and Right to Social Security have not been included in the India Bill of...
WOMEN’S RIGHTS: A RE-VISION OF HUMAN RIGHTS
Shailendra Pal Singh
Third Year Learner (2010-2015)
Second Year Learner (2011-2016)
Symbiosis Law School, Noida
Symbiosis Law School, Noida
Ph. +91 7503636717
Ph. +91 8527556944
Postal Address: Symbiosis Laws School Noida
Postal Address: Symbiosis Laws School Noida
Plot No. 47/48, Block A, Noida (U.P.) 201301
Plot No. 47/48, Block A, Noida (U.P.) 201301
Email: shail[email protected]
Email: [email protected]
Woman, the very creation of God that makes living beautiful is often at the receiving end of trauma. In 2009 rape cases have reached 2,497, domestic violence has crossed the 10,000 mark. Around 2.8 million social workers have been employed by the government to reach into villages across the country, to make women aware of their rights. But, much to the surprise women are not even aware that they have any rights in a man’s world. Significant numbers of the world's population are routinely subject to torture, starvation, terrorism, humiliation, and even murder simply because they are female. It is generally known that women are disproportionally affected by the social and economic factors such as poverty, gender biased, unemployment, inequality, oppressive social structure and son preference. Violence against women cuts across race, religion, income, class,...