Difference between revisions of "Criminal Defense Wiki"

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==What is [[Torture]]?==
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==The Role and Responsibility of a Criminal Defense Lawyer==
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Under [[International Law | international law]], the prohibition against torture is considered a right that is absolute in nature and does not tolerate exceptions.  The prohibition is consecrated in the [[Convention Against Torture]] and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adopted by the United Nations General Assembly on 10 December 1984.
 
  
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Many international instruments have further elaborated the general prohibition according to different situations, people, and scenarios where torture is likely to happen
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The criminal justice system is viewed as a three-part system  consisting of the judge and jury, the prosecutor, and the defense  lawyer.  Each part of this system has a specific role.  The role of the  judge and jury is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense.  In  order to decide impartially, the judge and jury must be able to hear  arguments from both sides.  The prosecutor's role is to argue the side  of the state that seeks to prove the defendant's guilt.  The defense  lawyer's role is to argue on behalf of the defendant.  The defendant has  no burden of proof.  That is, the defendant need not prove his  innocence.  It is enough simply to point out ways in which the state has  not established guilt (e.g., an eyewitness has poor eyesight or an  accuser has a motive to lie). 
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The criminal justice system recognizes that in a criminal  proceeding the state is asserting its ultimate authority over a single  civilian; the defense carefully observes the use of this authority.  Furthermore, different safeguards are in place to prevent abuse of the  state's power.
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This guide primarily focuses on the class of ill-treatments that are called torture, although many of these guidelines would also apply to inhuman or degrading treatment and other forms of mistreatment.  The question of whether a class of treatments qualifies as torture is often difficult to answer. In one court, a given class of treatments may constitute torture, while in another court, it may not. Ill-treatment may be considered torture or inhuman or degrading treatment, depending on the facts.[[Torture | ...More]]
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The state bears the highest burden of proof, and must show that  a defendant is guilty beyond a reasonable doubt of the crimes he is  charged with.    No burden is placed on the defendant.  That is, he need not  present any evidence and he need not testify or give his own version of  events. The state may not comment on the defendant's decision not to  testify and the jury may not consider it in evaluating the case.  Many procedures are in place related to the investigation and  the arrest of the defendant to ensure all evidence is accurate and that  the correct person is charged with a crime.  Defendants possess civil rights to ensure they are treated fairly and given an opportunity to argue their case.  
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[[The Role and Responsibility of a Criminal Defense Lawyer| ...More]]
  
 
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Revision as of 12:14, 18 March 2011

Welcome to the Criminal Defense Wiki
The Wiki for Criminal Defense Attorneys
1,144 articles in Arabic, English, French or Spanish

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TABLE OF CONTENTS

QUICK FACTS

  • LIBERIA has the world's highest percentage of pre-trial detainees and remand prisoners: 97.3 %[1]
  • HAITI has the world's most overcrowded prisons. They are currently filled at 335.7% their official capacity.[2]
  • RWANDA has the third highest prison population rate per 100,000: 593, exceeded only by the United States (748) and Russia (598)[3]

FEATURED ARTICLE

The Role and Responsibility of a Criminal Defense Lawyer

The criminal justice system is viewed as a three-part system consisting of the judge and jury, the prosecutor, and the defense lawyer. Each part of this system has a specific role. The role of the judge and jury is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense. In order to decide impartially, the judge and jury must be able to hear arguments from both sides. The prosecutor's role is to argue the side of the state that seeks to prove the defendant's guilt. The defense lawyer's role is to argue on behalf of the defendant. The defendant has no burden of proof. That is, the defendant need not prove his innocence. It is enough simply to point out ways in which the state has not established guilt (e.g., an eyewitness has poor eyesight or an accuser has a motive to lie). The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian; the defense carefully observes the use of this authority. Furthermore, different safeguards are in place to prevent abuse of the state's power. The state bears the highest burden of proof, and must show that a defendant is guilty beyond a reasonable doubt of the crimes he is charged with. No burden is placed on the defendant. That is, he need not present any evidence and he need not testify or give his own version of events. The state may not comment on the defendant's decision not to testify and the jury may not consider it in evaluating the case. Many procedures are in place related to the investigation and the arrest of the defendant to ensure all evidence is accurate and that the correct person is charged with a crime. Defendants possess civil rights to ensure they are treated fairly and given an opportunity to argue their case. ...More

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  1. ↑ http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_stats.php?area=all&category=wb_pretrial
  2. ↑ http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_stats.php?area=all&category=wb_occupancy
  3. ↑ http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_stats.php?area=all&category=wb_poprate
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