Freedom from Punishment - Revision history

Ibjadmin: /* Background */

2010-11-18T14:02:47Z

Background

← Older revision		Revision as of 16:02, 18 November 2010
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	A defendant facing criminal prosecution should be considered [[Presumption of Innocence\| innocent until proven guilty]]. If this is the case, the state cannot punish an individual for a crime they have not yet committed. However, in certain circumstances it may be necessary to detain an individual pending trial. The following factors are used by many courts to determine whether a defendant should be detained prior to trial.		A defendant facing criminal prosecution should be considered [[Presumption of Innocence\| innocent until proven guilty]]. If this is the case, the state cannot punish an individual for a crime they have not yet committed. However, in certain circumstances it may be necessary to detain an individual pending trial. The following factors are used by many courts to determine whether a defendant should be detained prior to trial.
	# Gravity of the offense. This may include the facts surrounding the alleged offense, the category of the crime (felony, misdmeanor, etc) and the sentence range associated with the crime.		# Gravity of the offense. This may include the facts surrounding the alleged offense, the category of the crime (felony, misdmeanor, etc) and the sentence range associated with the crime.
	# Risk of flight by a defendant while trial is pending. The use of a [[bail ~~bond~~]] is one way of mitigating this factor.		# Risk of flight by a defendant while trial is pending. The use of a [[Bail\|bail]] is one way of mitigating this factor.
	# Protection of society from dangerous individual		# Protection of society from dangerous individual
	# Protection of individual from society		# Protection of individual from society

Ibjadmin: /* Background */

2010-11-18T14:00:54Z

Background

← Older revision		Revision as of 16:00, 18 November 2010
Line 1:		Line 1:
	==Background==		==Background==
	A defendant facing criminal prosecution should be considered [[innocent until proven guilty]]. If this is the case, the state cannot punish an individual for a crime they have not yet committed. However, in certain circumstances it may be necessary to detain an individual pending trial. The following factors are used by many courts to determine whether a defendant should be detained prior to trial.		A defendant facing criminal prosecution should be considered [[Presumption of Innocence\| innocent until proven guilty]]. If this is the case, the state cannot punish an individual for a crime they have not yet committed. However, in certain circumstances it may be necessary to detain an individual pending trial. The following factors are used by many courts to determine whether a defendant should be detained prior to trial.
	# Gravity of the offense. This may include the facts surrounding the alleged offense, the category of the crime (felony, misdmeanor, etc) and the sentence range associated with the crime.		# Gravity of the offense. This may include the facts surrounding the alleged offense, the category of the crime (felony, misdmeanor, etc) and the sentence range associated with the crime.
	# Risk of flight by a defendant while trial is pending. The use of a [[bail bond]] is one way of mitigating this factor.		# Risk of flight by a defendant while trial is pending. The use of a [[bail bond]] is one way of mitigating this factor.

Ibjadmin: /* Rights of the accused */

2010-07-30T13:23:37Z

Rights of the accused

@@ Line 29: / Line 29: @@
 **(a) be presumed to be innocent until proved guilty or until that person has pleaded guilty.
-== Rights of the accused ==
+----
+See [[Rights of the Accused]]

Ddemetriou at 12:59, 1 June 2010

2010-06-01T12:59:15Z

← Older revision		Revision as of 14:59, 1 June 2010
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	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
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	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
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	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
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	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
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	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:49, 1 June 2010

2010-06-01T11:49:35Z

← Older revision		Revision as of 13:49, 1 June 2010
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	'''Table of Contents'''		'''Table of Contents'''

	===Rights ~~with~~ Police ===		== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
			* [[Confessions]]
			* [[Pretrial Identification]]
			* [[Right to Counsel]]
	* [[Right to Silence]]		* [[Right to Silence]]
	* [[Search and Seizure]]		* [[Search and Seizure]]
	* [[Right to Counsel]]
	* [[Confessions]]
	* [[Pretrial Identification]]

	===Rights at Detention===		== Rights during Detention ==
			* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]		* [[Right to Habeas Corpus]]
	* [[Right to be free of punishment]]
	* Right to medical care		* Right to medical care

	===Rights at Trial===		== Rights at Trial ==
	* [[~~Right to a Fair Trial~~]]		* [[Double Jeopardy]]
	* [[~~Right to Notice of Charges~~]]		* [[Legality Principle]]
	* ~~Right to Trial by Jury~~		* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]		* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]		* [[Right to Confront Witnesses]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Right to Fair Trial]]
			* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]		* [[Right to a Speedy Trial]]
	* [[Right to ~~Counsel (~~Trial~~)\| Right to Counsel]]~~		* Right to Trial by Jury
	* [[Presumption of Innocence]]
	* [[Double Jeopardy]]

	~~===Sentencing===~~

	* Right to sentence free of torture		== Sentencing ==
	* [[Right to sentence without cruel or unusual punishment]]
	* [[Death Sentence]]		* [[Death Sentence]]
	* Right to fines that are not excessive
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
			* [[Freedom from Cruel or Unusual Punishment]]
			* Freedom from Torture
	* [[Right to Appeal]]		* [[Right to Appeal]]
			* Right Not to be Fined Excessively

	===Rights in Prison===		== Rights in Prison ==

Agaiser: Created page with '==Background== A defendant facing criminal prosecution should be considered innocent until proven guilty. If this is the case, the state cannot punish an individual for a cri�'

2010-06-01T11:34:42Z

Created page with '==Background== A defendant facing criminal prosecution should be considered innocent until proven guilty. If this is the case, the state cannot punish an individual for a cri�'

New page

==Background==
A defendant facing criminal prosecution should be considered [[innocent until proven guilty]]. If this is the case, the state cannot punish an individual for a crime they have not yet committed. However, in certain circumstances it may be necessary to detain an individual pending trial. The following factors are used by many courts to determine whether a defendant should be detained prior to trial.
# Gravity of the offense. This may include the facts surrounding the alleged offense, the category of the crime (felony, misdmeanor, etc) and the sentence range associated with the crime.
# Risk of flight by a defendant while trial is pending. The use of a [[bail bond]] is one way of mitigating this factor.
# Protection of society from dangerous individual
# Protection of individual from society
# Risk that the accused will destroy evidence.

Detention should never include punishement and in theory, pre-trial detainees should be separated from convicted prison population.

==International Sources==

===International Covenant on Civil and Political Rights===

Article 10

#All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
# (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
#The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

===Kenya===
Constitution
*77(2) Every person who is charged with a criminal offence
**(a) shall be presumed to be innocent until he is proved or has pleaded guilty.

===Uganda===
Constitution
*28(3) Every person who is charged with a criminal offence shall
**(a) be presumed to be innocent until proved guilty or until that person has pleaded guilty.

== Rights of the accused ==

'''Table of Contents'''

===Rights with Police ===
* [[Arrest]]
* [[Right to Silence]]
* [[Search and Seizure]]
* [[Right to Counsel]]
* [[Confessions]]
* [[Pretrial Identification]]

===Rights at Detention===
* [[Right to Counsel]]
* [[Right to Habeas Corpus]]
* [[Right to be free of punishment]]
* Right to medical care

===Rights at Trial===
* [[Right to a Fair Trial]]
* [[Right to Notice of Charges]]
* Right to Trial by Jury
* [[Right to Compulsory Process]]
* [[Right to Confront Witnesses]]
* [[Right to a Speedy Trial]]
* [[Right to Counsel (Trial)| Right to Counsel]]
* [[Presumption of Innocence]]
* [[Double Jeopardy]]

===Sentencing===

* Right to sentence free of torture
* [[Right to sentence without cruel or unusual punishment]]
* [[Death Sentence]]
* Right to fines that are not excessive
* [[Ex Post Facto Punishment]]
* [[Right to Appeal]]

===Rights in Prison===