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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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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