权益保护法的权利的留学生作业 [4]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-10-12编辑:zcm84984点击率:11719
论文字数:3924论文编号:org201409201237377914语种:英语 English地区:加拿大价格:免费论文
关键词:Law EssayRight留学生作业权益保护法权利
摘要:本文是一篇关于权益保护法权利的留学生作业,宪法作为国家的最高法律,为公民提供了法律保护的权利。 [1]所有的人有权享受正当法律程序的权利。据认为,为了使正义得到切实有效地伸张,被指控犯罪的人,应该有一个迅速审判的过程。
person’s right to a fair trial. When these factors were contemplated cumulatively it was thought to constitute undue delay.
Moules in his examination of the Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms which is phrased similarly to the s 20(1) of the Jamaican Constitution purports that the reasonable time guaranteed by the treaty is crucial as it assists both a person that is guilty and one that is innocent. An accused that is innocent is allowed time to establish his innocence without unnecessary delay. In addition, a guilty accused is spared the additional punishment of a protracted delay. [17] Therefore, a trial within a reasonable time is vital in providing a person brought before the courts for a criminal offence with the opportunity to be fairly treated and for the carriage of justice to be done swiftly for the benefit of all.
Applying these principles to Mrs. Widow’s circumstances, the delay was excessive but not necessarily inexcusable. In fact, while in the prevailing local context delays are normal, Mrs. Widow’s counsel contributed to the problem by his repeated applications and Mrs. Widow compounded the problem by not asserting her right to have a fair trial within at a reasonable time. This could be because of the information she received from other remand inmates who told her that it would be futile to protest about the length of the delay.
When all these circumstances are considered against the fact that it is a serious charge and that the case itself is not a complex one, as well as the likelihood of prejudice to Merry Widow as a result of the delay being slim, then it would be difficult for her to establish a breach of the constitutional right to a fair hearing within a reasonable time.
The second constitutional issue to be considered in regard to Mrs. Widow is her right to legal representation. The right to the legal representation may be found in s 20(6)(c) of the Jamaican Constitution which states that any person charged with a criminal offence “shall be permitted to defend himself in person or by a legal representative of his own choice”. Fiadjoe contends that although the right to legal representation is found in the Constitutions of Commonwealth Caribbean countries, the Privy Council has held that, like all rights in the Constitution, this is not an absolute right. Its exercise must be dependent on all the prevailing circumstances. [18] He illustrates this by reference to Robinson v R [19] where it was held that the right under the provisions of the Constitution of Jamaica to legal representation was not an absolute right, in that, it was not necessary for an adjournment always to be granted in order to ensure that any defendant in criminal matter who desired legal representation was duly represented. [20]
In Robinson v R, the defendant had a three year delay between the preliminary hearing and the trial. However, when the trial was finally started the defendant’s counsel withdrew due to lack of payment. The judge offered the defendant legal aid which he refused. Antoine contends that the decision in Robinson was due to the Privy Council taking a narrow and restrictive interpretation of the Constitution. She argues that Privy Council came to this decision because of the absence of the right to legal representation in common law, which led to the belief that it did not exist within the Constitutions of the
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