Difference between revisions of "Nullity of Procedure"
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Nullity of procedure is a civil law concept that is similar to the common law concept of the [[Exclusionary Rule| exclusionary rule]]. Nullity is founded on the fundamental principal of justice that establishes the need to respond to barbarity, in whatever form, through legality. Procedure is the route by which decision is reached and leads, ideally, to social harmony. As a consequence, all participants in the judicial process must submit to the rule of procedure. The magistrate and the prosecution are both bound to follow procedure as they embody the criminal justice process at the highest level. | Nullity of procedure is a civil law concept that is similar to the common law concept of the [[Exclusionary Rule| exclusionary rule]]. Nullity is founded on the fundamental principal of justice that establishes the need to respond to barbarity, in whatever form, through legality. Procedure is the route by which decision is reached and leads, ideally, to social harmony. As a consequence, all participants in the judicial process must submit to the rule of procedure. The magistrate and the prosecution are both bound to follow procedure as they embody the criminal justice process at the highest level. | ||
| − | Acting from the bench, the judging magistrate acquires legitimacy by meticulously following fundamental rules. More than any other, the magistrate can void an entire section of the proceedings, release a guilty | + | Acting from the bench, the judging magistrate acquires legitimacy by meticulously following fundamental rules. More than any other, the magistrate can void an entire section of the proceedings, release a guilty person who admits responsibility, no matter what his or her crime, due to the rule of law being flouted to the extent that the entire case is entrenched in illegality. |
This meticulous respect of the procedure, leading when necessary to annulment, gives the judge the real power, and right, to judge all other files, to condemn, if appropriate, all other guilty accused. It is not purely through respect for the word of the law, but through an understanding of the purpose of the justice system which magistrates vow to accomplish their duty. | This meticulous respect of the procedure, leading when necessary to annulment, gives the judge the real power, and right, to judge all other files, to condemn, if appropriate, all other guilty accused. It is not purely through respect for the word of the law, but through an understanding of the purpose of the justice system which magistrates vow to accomplish their duty. | ||
