Court Systems, Criminal Process, Sentencing and Corrections

Posted by on Jan 13, 2026 in Criminology | 0 comments

Court Functions

4 functions of courts: Due process, crime control, rehabilitation, bureaucratic functions.

Jurisdiction

Jurisdiction: geographic, concurrent.

Court Structure

Trial courts – first level; hear evidence and issue verdicts.

Appellate courts – review rulings for legal error; no new evidence.

Dual court system – separate federal and state court systems with shared authority.

Supreme Court Jurisdiction

Jurisdiction of the Supreme Court – original (e.g., disputes between states, ambassadors), appellate

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Admissibility of Confessions and Discovery Statements (Evidence Act S. 30 & S. 27)

Posted by on Dec 29, 2025 in Criminology | 0 comments

Section 30: Confession of a Co-Accused in Joint Trials

When more persons than one are being tried jointly for the same offence, and a confession made by one of those persons affecting himself and some other of those persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.

Explanation of “Offence”

“Offence” as used in this section includes the abetment of or attempt to commit the offence.

Illustrations

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Presidential Clemency: Biden vs. Trump on Justice and Due Process

Posted by on Dec 15, 2025 in Criminology | 0 comments

Presidential Clemency, Due Process, and Justice for All

Presidential clemency is a core constitutional power where mercy, accountability, and the rule of law must all be considered. The recent use of clemency by Joe Biden and Donald Trump highlights two distinct approaches to this power and its meaning for American justice. Both presidents exercised clemency for individuals personally connected to them, raising questions about impartiality. However, the sharpest contrast lies in how they utilized

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Understanding the Legal Framework of Arrest Procedures

Posted by on Dec 9, 2025 in Criminology | 0 comments

Arrest

The arrest is sufficient if there is a submission to the custody by word or action, in which case, there is no need for actual touch or confinement of the body of such person. An arrest in police custody does not necessarily mean custody after formal arrest, but also includes some form of police surveillance and restrictions on the movements of the person concerned by police. Procedure for arrest of accused viz., (i) commission of offense, (ii) registration of FIR, (iii) start of investigation,
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Criminal Trial Procedure: Opening, Pleadings, and Plea Agreements

Posted by on Dec 5, 2025 in Criminology | 0 comments

The Order for Opening of the Trial

The Order for Opening of the Trial signifies the formal acceptance of the indictment, recognizing the right to prosecute. This order is definitive and is not subject to appeal.

A trial is opened unless there is no reasonable suspicion that the accused perpetrated the alleged act, or when the act is not a criminal offense, or if the accused is not subject to criminal responsibility.

Dismissal of the Case

Dismissal is the resolution opposing the opening of the trial.

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Criminal Statute of Limitations: Key Concepts and Case Analysis

Posted by on Nov 5, 2025 in Criminology | 0 comments

Criminal Statute of Limitations: Legal Principles and Analysis

8. Retroactive Prescription and Its Effects

The question concerns the retroactive prescription of the punitive claim. Select the correct effect:

  • a) The executive claim would run, creating future recurrence (recidivism).
  • b) The punitive claim, generating future recurrence (recidivism).
  • c) Thereafter, generating future recurrence (recidivism).
  • d) The executive claim would run, resulting in no future recurrence (recidivism).
  • e) The punitive claim,
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