Notes
- S v Nkondo 2000 (1) SACR 358 (W)
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In S v Nkondo (2000), an important case in South African criminal procedure, Nkondo had appeared before a regional court and was convicted of rape and robbery. The case was then sent to the high court for sentencing where it was held that N had not been thoroughly apprised of his right to legal representation and had elected to appear in person.
The court held that when courts explain the right to legal representation to accused persons and an accused person facing a serious charge elects to remain unrepresented, the magistrate should ask the accused why he or she wanted to appear in person and if it appeared that the accused was under some or other misunderstanding that has to be put right.
The High Court set aside the convictions of robbery and rape and remitted the matter to the regional court in order that the matter could be re-tried.
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The Politics of Eritrea and the Government of Eritrea takes place in a framework of a single-party presidential republican totalitarian dictatorship. The President officially serves as both head of state and head of government. The People's Front for Democracy and Justice is the only political party legally permitted to exist in Eritrea. The popularly elected National Assembly of 150 seats, formed in 1993 shortly after independence from Ethiopia, elected the current president, Isaias Afewerki. There have been no general elections since its official independence in 1993. The country is governed under the constitution of 1993. A new constitution was ratified in 1997, but has not been implemented. Since the National Assembly last met in 2002, President Isaias Afwerki has exercised the powers of both the executive and legislative branches of government.
Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.
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The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. In absentia is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system.
In England and Wales, a litigant in person is an individual, company or organisation that has rights of audience and is not represented in a court of England and Wales by a solicitor or barrister. Instructing a barrister and not a solicitor, for example through the Public Access Scheme, however, does not prevent the party on whose behalf the barrister had been instructed from being a litigant in person.
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging.
Dietrich v The Queen is a decision of the High Court of Australia.
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Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. It consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The seat of the High Court is the Supreme Court Building.
The Suryanelli rape case refers to a case of kidnapping and subsequent rape of a 16-year-old school girl from Suryanelli, Kerala, India, in 1996. The girl was allegedly lured with the promise of marriage on 16 January 1996 and kidnapped. She was allegedly raped by 37 of the 42 accused persons, over a period of 40 days. The remaining had abetted the crime. After P.J. Kurien, the then Union Minister and later Rajya Sabha Deputy Chairman belonging to UDF led by Congress party, was named, the issue was politicised, due to a then upcoming general election. Several women's rights activists like K. Ajitha and Suja Susan George, and women's organisations, like NFIW and Anweshi, have taken an interest in the case.
The current judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999. It is an inquisitorial system based on the Napoleonic Code, established in Niger during French colonial rule and the 1960 constitution of Niger. The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews application of the law and constitutional questions. The High Court of Justice (HCJ) deals with cases involving senior government officials. The justice system also includes civil criminal courts, customary courts, traditional mediation, and a military court. The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.
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Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
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