Difference between revisions of "Nullity of Procedure"
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A magistrate may remedy a procedural violation in a number of ways. First, the magistrate may use disciplinary sanctions to penalize a judge, police officer, or clerk for the error. Second, if the procedural violation is substantial enough, they may trigger criminal sanctions. Finally, the injured party may bring a case for civil damages. | A magistrate may remedy a procedural violation in a number of ways. First, the magistrate may use disciplinary sanctions to penalize a judge, police officer, or clerk for the error. Second, if the procedural violation is substantial enough, they may trigger criminal sanctions. Finally, the injured party may bring a case for civil damages. | ||
| − | The final remedy for procedural violation is a procedural sanction. Procedural sanctions may be used with both textual and | + | The final remedy for procedural violation is a procedural sanction. Procedural sanctions may be used with both textual, substantial and public order nullities. |
There are a number of ways to address such instances. Firstly, there are disciplinary sanctions to with a judge, police officer or clerk at fault can be subjected. Additionally, there are then criminal sanctions that can be extended in cases of illegal searching or arrest, abusive detention, violence, torture and so on, occuring over the course of legal proceedings Finally, there are civil sanctions that can be extended by the injured party bringing a case forward in which damages are sought. | There are a number of ways to address such instances. Firstly, there are disciplinary sanctions to with a judge, police officer or clerk at fault can be subjected. Additionally, there are then criminal sanctions that can be extended in cases of illegal searching or arrest, abusive detention, violence, torture and so on, occuring over the course of legal proceedings Finally, there are civil sanctions that can be extended by the injured party bringing a case forward in which damages are sought. | ||
| − | We are interested here in the most effective sanction: the procedural sanction. The procedural sanction may be used with either textual or substantial nullity of procedures. For example, if a defendant's confession is extracted by torture, the defense attorney may argue that the confession should be inadmissible at trial because it was the result of a textual or substantial nullity of procedure. | + | We are interested here in the most effective sanction: the procedural sanction. The procedural sanction may be used with either textual or substantial nullity of procedures. For example, if a defendant's confession is extracted by torture, the defense attorney may argue that the confession should be inadmissible at trial because it was the result of a textual or substantial nullity of procedure. |
==Proving a Nullity of Procedure== | ==Proving a Nullity of Procedure== | ||
