Difference between revisions of "India Criminal Defense Manual - The Role And Responsibility of a Legal Aid Lawyer"

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(Created page with '== Importance of a Legal Aid Lawyer in the Criminal Justice System == The prosecutor's role is to argue the side of the state that seeks to prove that the accused is guilty of�')
 
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The prosecutor's role is to argue the side of the state that seeks to prove that the accused is guilty of the crimes charged.  The legal aid lawyer's role is to argue on behalf of the accused.  The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian.  The use of this authority is carefully watched and different safeguards are in place to prevent abuse of the state's power.  
 
The prosecutor's role is to argue the side of the state that seeks to prove that the accused is guilty of the crimes charged.  The legal aid lawyer's role is to argue on behalf of the accused.  The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian.  The use of this authority is carefully watched and different safeguards are in place to prevent abuse of the state's power.  
  
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* The state bears the highest burden of proof in the Indian legal system, and must show that an accused is guilty beyond a reasonable doubt of the crimes he is charged with.  Subject to certain exertions wherein the law provides the burden of proof is on the accused.1
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* The state bears the highest burden of proof in the Indian legal system, and must show that an accused is guilty beyond a reasonable doubt of the crimes he is charged with.  Subject to certain exertions wherein the law provides the burden of proof is on the accused.<ref>For example Section 139 of Negotiable Instrument Act, Narcotics Drugs & Psychotropic substances Act, 1985,
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Section 304B of Indian Penal Code 1860, Section 113 A & Section 113 B of Evidence Act</ref>
  
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* No burden is placed on the accused in almost all types of Criminal Cases.  He need not present any evidence and he may not testify or give his own version of events.  In such circumstances his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.2
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* No burden is placed on the accused in almost all types of Criminal Cases.  He need not present any evidence and he may not testify or give his own version of events.  In such circumstances his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.<ref> Section 315 of Criminal Procedure Code, 1973.</ref>
  
 
* Many procedures are in place related to the investigation and the arrest of the accused to ensure all evidence is accurate and that the correct person is charged with a crime.  
 
* Many procedures are in place related to the investigation and the arrest of the accused to ensure all evidence is accurate and that the correct person is charged with a crime.  
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* The legal aid lawyer challenges procedural errors and may have charges dismissed or reduced because of unreliable evidence and testimony.
 
* The legal aid lawyer challenges procedural errors and may have charges dismissed or reduced because of unreliable evidence and testimony.
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== References ==
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<references />

Revision as of 11:41, 9 June 2010

Importance of a Legal Aid Lawyer in the Criminal Justice System

The prosecutor's role is to argue the side of the state that seeks to prove that the accused is guilty of the crimes charged. The legal aid lawyer's role is to argue on behalf of the accused. The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian. The use of this authority is carefully watched and different safeguards are in place to prevent abuse of the state's power.

  • The state bears the highest burden of proof in the Indian legal system, and must show that an accused is guilty beyond a reasonable doubt of the crimes he is charged with. Subject to certain exertions wherein the law provides the burden of proof is on the accused.[1]
  • No burden is placed on the accused in almost all types of Criminal Cases. He need not present any evidence and he may not testify or give his own version of events. In such circumstances his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.[2]
  • Many procedures are in place related to the investigation and the arrest of the accused to ensure all evidence is accurate and that the correct person is charged with a crime.
  • The accused possesses rights to ensure that he is treated fairly and given an opportunity to argue his own case.
  • The legal aid lawyer presents all evidence to rebut the prosecutor's arguments and challenges all questionable assertions of facts by the prosecutor to ensure the high burden of proof is met.
  • The legal aid lawyer challenges procedural errors and may have charges dismissed or reduced because of unreliable evidence and testimony.


References

  1. ↑ For example Section 139 of Negotiable Instrument Act, Narcotics Drugs & Psychotropic substances Act, 1985, Section 304B of Indian Penal Code 1860, Section 113 A & Section 113 B of Evidence Act
  2. ↑ Section 315 of Criminal Procedure Code, 1973.
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