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Law and Criminal Procedure 2024
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  • CRIMINAL LAW

Law and Criminal Procedure In recent history, the criminal procedure has shifted the burden of proof to the prosecution, implying that the prosecution's responsibility is to demonstrate that the accused is responsible, notwithstanding any reasonable doubt. This is contrary to getting the accused t...

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  • May 8, 2024
  • 6
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

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  • law and criminal procedure 2024

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  • CRIMINAL LAW
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Law and Criminal Procedure




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Law and Criminal Procedure

In recent history, the criminal procedure has shifted the burden of proof to the

prosecution, implying that the prosecution's responsibility is to demonstrate that the accused

is responsible, notwithstanding any reasonable doubt. This is contrary to getting the accused

to testify that they are innocent and having all doubts resolved in favor of the accused (Del

Carmen & Hemmens, 2016). The legislation also allows the defendant to choose their legal

counsel, and any accused person who cannot hire a lawyer is offered one by the authorities.


The general norm in law is that essential proof is accepted unless the statute states

otherwise. Rumors and gossip are not admissible as proof unless the defendant confesses to

saying the statements asserted against him (Capers, 2018). Whatever information was

obtained illegally and used as proof was rejected as legitimate evidence in court. In Australia,

for example, the power to ban illegal evidence is solely governed by ordinary law and

legislative requirements.

It is common law that an individual is presumed innocent unless proved guilty in

criminal proceedings in all jurisdictions. In all criminal proceedings, the prosecution has the

burden of evidence. The proposed changes to the Uniform Evidence Act of 1995 provide

that, in situations where an individual is suspected of offenses against another or property and

has a history of three prior convictions for comparable offenses, such proof of guilt can be

used against the defendant in court (Capers, 2018). If such an alteration is permitted, I believe

it would result in a travesty of justice in courts. Such an adjustment also severely weakens the

concept of the assumption of innocent and raises doubts about the defendant's innocence.

Previous conviction proof is one of the kinds of proofs that are not admissible in an

Australian criminal prosecution. These types of proof are objectionable for various reasons,

based on the circumstances, not that there is evidence that the proof being substantiated is

defective or constitutes a lie. Rumors and gossip, for example, are not acceptable evidence

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