It is difficult to imagine how public confidence can be maintained in the rule of law when police officers present false
evidence against accused person... [o] ur justice system can not function unless courts can rely on the willingness of witnesses to... tell the truth.
Not exact matches
Lawyers for the
accused persons have said the prosecution has no
evidence against their clients but will, however, wait patiently for the AG.
Governor Ayodele Fayose of Ekiti State, on Friday, challenged President Muhammadu Buhari to direct the Economic and Financial Crimes Commission (EFCC) to charge the
Peoples Democratic Party (PDP) National Publicity Secretary, Chief Olisa Metuh to court if the commission was sure of
evidences of fraud
against him, saying «the EFCC appears to be operating a system in which an
accused person is first arrested, detained endlessly while the anti-corruption agency goes about looking for
evidence.»
Ajibola stated that the
accused persons were not remorseful by still insisting that they don't know anything about the case notwithstanding the overwhelming
evidence against them.
The trial judge also found that the case
against the
accused person was established by Popoola's
evidence which was corroborated by the
evidence of his brother who handed over the ransom to the
accused person and identified them as recipients.
The purpose is to allow an
accused person to review the
evidence against him or her and avoid a trial by ambush.
In Minnesota, a panel of twenty - three citizens who hear
evidence against a
person accused of a crime and determine whether that
person should stand trial.
I would say that that is especially so where the
person who is providing the information has committed to providing
evidence, in the future,
against the
accused in that prosecution.
Rather they must furnish to an
accused all relevant and readily available
evidence so that an
accused person will know the nature of the charges
against him and the details of the case to be presented
against him / her if he later elects to proceed to trial.
She also argues, pointing to empirical
evidence, that «violence
against transgender
people is not taken as seriously as violence
against cisgender
people, leading anti-trans assaults and murders to be less investigated, perpetrators to be less frequently apprehended, and
accused to face reduced punishment».
The Convention
Against Torture provides that statements extracted by torture shall not be used as evidence in any proceeding «except against a person accused of torture as evidence that the statement was made.
Against Torture provides that statements extracted by torture shall not be used as
evidence in any proceeding «except
against a person accused of torture as evidence that the statement was made.
against a
person accused of torture as
evidence that the statement was made.»
It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay
evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing
against the admission of the hearsay
evidence... The means by which the claimant can challenge the hearsay
evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay
evidence was the serious nature of the allegations
against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a
person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the
accused doctor is afforded fair and proper procedural safeguards.
If letters and private documents can thus be seized and held and used in
evidence against a citizen
accused of an offense, the protection of the Fourth Amendment declaring his right to be secure
against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution... The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting
accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which
people of all conditions have a right to appeal for the maintenance of such fundamental rights.