Singapore
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Background
The Republic of Singapore is a prosperous island nation in Southeast Asia. Singapore, also known as "Lion City," consists of the main island of Singapore plus 63 offshore islands. Originally founded in 1819 as a British trading colony, Singapore gained independence from the British in 1963, merged with Malaysia for two years, and became fully independent in 1965. Today, Singapore is a leading financial center and high-tech hub. It also has one of the busiest ports in the world. The estimated GDP in 2010 was $292.2 billion. The most common industries in Singapore’s export-driven economy are consumer electronics, information technology products, pharmaceuticals, and financial services.
Nearly 5 million people live in Singapore, and the entire population lives in an urban setting. The population is 77% Chinese, 14% Malay, and 7% Indian. Between one-third and one-fourth of the population are foreigners. Buddhism is the most popular religion (42.5%), followed by Muslim (14.9%), and Christian (9.8%). There are four official languages: Mandarin, English, Malay, and Tamil. The national anthem is exclusively sung in Malay. The life expectancy of 82 years is among the highest in the world, and 92.5% of the population is literate. [1] [2]
Type of System
A former British colony, Singapore is a parliamentary republic with a legal system based on English common law. The constitution is based on the pre-independent State of Singapore Constitution, and it was written in 1959 and amended in 1965. [3] There are three branches of government: executive, legislative, and judicial. The judicial branch has a Supreme Court, divided into the Court of Appeal and the High Court, as well as Subordinate Courts and a Constitutional Tribunal. There are several specialized courts, such as a Community Court and a Bail Court, to encourage efficiency and strict case management. [4] The judge decides both legal and factual issues. The jury system was abolished in 1970. [5]
Singapore has one of the highest execution rates in the world, and a significant number of those executed include foreign nationals. [6]Many narcotics offenses carry a mandatory death penalty sentence, and many vandalism offenses require a mandatory caning sentence. There are also strict penalties for crimes related to various guns and weapons. Jaywalking and littering are also considered crimes. [7]
Sources of Defendants' Rights
The Criminal Procedure Code provides that the defendant must have the charges read and explained to him as soon as the prosecution frames its case. Defendants have the right to a fair trial in front of a judge. There are no jury trials. Defendants have the right to be present at the trial, have a presumption of innocence, and a right of appeal in most cases. (Note an Exception to the Presumption of Innocence: In narcotics cases, the drug act places the burden on the defendant to prove he was not in possession, custody, or control of the substance. ) [8]
Defendants' Rights
Pre-Trial
Criminal cases are heard in the Subordinate Courts and the High Court. More serious offenses are generally heard in the High Court. Accused people may plead guilty or claim trial. If the accused person expresses genuine remorse, a mitigation plea followed by a timely guilty plea can mitigate sentencing. [9]
Trial
There are no jury trials and counsel is only provided by the government for death penalty cases. [10] The Criminal Legal Aid Scheme (CLAS) founded by the Law Society of Singapore provides some representation for people who claim trial. There is a high prosecutorial success rate in Singapore. There is also concern about evidentiary procedures in criminal proceedings, notably the lack of discovery and the questionability of witness statements recorded by police. [11]
Post-Conviction
Criminal cases heard in the Subordinate Court may appeal to the High Court. Criminal cases, usually more serious offenses, heard in the High Court may be appealed to the Court of Appeal.
See Criminal Justice Systems Around the World and Legal Aid in ASEAN countries
QUICK FACTS
- Mid-2009 Prison Population: 12,944 (national prison administration, via Asian and Pacific Conference of Correctional Administrators)
- Official Prison Capacity: 13, 876 (92% occupancy level)
- Mid-2009 Prison Population Composition: 16.3% foreign prisoners, 15.4% pre-trial detainees/remand prisoners, 9.8% female prisoners, 4.7% juveniles/minors/young prisoners (2007 average)
- ↑ https://www.cia.gov/library/publications/the-world-factbook/geos/sn.html
- ↑ http://www.singstat.gov.sg/
- ↑ https://www.cia.gov/library/publications/the-world-factbook/geos/sn.html
- ↑ http://www.singaporelaw.sg/content/LegalSyst1.html#Section7
- ↑ http://www.nyulawglobal.org/globalex/Singapore.htm
- ↑ http://web.archive.org/web/20080111225751/http://www.amnesty.org/en/alfresco_asset/aad0c6f3-a509-11dc-a92d-271514ed133d/asa360012004en.html
- ↑ http://travel.state.gov/travel/cis_pa_tw/cis/cis_1017.html#crime
- ↑ http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136008.htm
- ↑ http://www.singaporelawreview.org/2008/04/an-overview-singapore-criminal-law-and-justice/
- ↑ http://travel.state.gov/travel/cis_pa_tw/cis/cis_1017.html#crime
- ↑ http://www.singaporelawreview.org/2008/04/an-overview-singapore-criminal-law-and-justice/