Criminal law and procedure essay:
In recent years, criminal procedure place the weight of evidence for the prosecution, meaning it is the work of the prosecution side to attest that the defendant is accountable over any rational uncertainty. This is in contrast to having the defendant attest that he/she is blameless, and all uncertainties determined in support of the defendant. The law also permits the defendant the freedom to legal advocate and any defendant who cannot afford a lawyer provided with one by the government.
The common rule in law commands that crucial prove is acceptable unless the law recommends otherwise. Hearsay and rumors not considered as evidence unless the defendant admits of uttering the words claimed against him. Any information attained unlawfully to be used as evident was dismissed to be termed as valid evidence in a court of law. The authority to prohibit unlawful evidence in Australia is entirely under the common law and on statutory requirements.
Its trite law that in criminal proceeding of all jurisdiction that a person is innocent till proven guilty. The burden of proof of all criminal cases lies on the prosecution. The proposed amendments to the Uniform Evidence Act of 1995 are to the effect that, in cases where a person is accused of offences against the person or property, and such person had a number of three previous convictions of similar offences, such evidence of conviction may be adduced in court against the person….