DOCSLIB.ORG

Sccrapp No. 182 of 2010

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sccrapp No. 182 of 2010 COMMONWEALTH OF THE BAHAMAS IN THE COURT OF APPEAL SCCrApp No. 182 of 2010 BETWEEN: LEROY ROLLE Appellant AND THE ATTORNEY GENERAL Respondent BEFORE: The Hon. Mr. Justice, Blackman, JA The Hon. Mr. Justice John, JA The Hon. Mr. Justice Conteh, JA APPEARANCES: Mr. Geoffrey Farquharson, Counsel for the Appellant, Mr. Franklyn K. M. Williams, with Ms. Desiree Ferguson, Counsel for the Respondent DATE: 12th July 2011, 16th April 2012, 8th May 2012 ___________________________________________ JUDGMENT DELIVERED BY THE HON. JUSTICE JOHN, JA 1. On the 13 day of September 2010 before Snr. Justice Anita Allen (as she then was) and a jury the appellant and Makisha Brown (Makisha) were convicted of manslaughter following a trial for murder as a result of the death of Levano Brown (Levano) a 22 month old infant and Makisha’s daughter. The appellant was sentenced to a term of 25 years imprisonment and Makisha to 15 years imprisonment. 2. We heard the appellant’s appeal on 12 July 2011. At the conclusion of the hearing we reserved our decision to await the hearing and determination of Makisha’s appeal. Her appeal was heard and determined on 19 October 2011 when we allowed the appeal. At that hearing the Director of Public Prosecutions appeared on behalf of the Crown and very candidly admitted that after careful and mature deliberation she was satisfied that there was insufficient evidence to proffer a charge of murder against Makisha. At the close of the case for the prosecution a submission of ‘no case to answer’ was made on behalf of Makisha. The trial judge overruled the submission. The Director of Public Prosecutions in response to a question from the Bench conceded that she could not support the trial judge’s rejection of the ‘no case submission’ and agreed that the appeal should be allowed. As a consequence this judgment is concerned with the appellant only. 3. At the conclusion of the appellant’s appeal on July 12 the court invited the Attorneys to submit further skeleton arguments on the issue whether the evidence disclosed that the acts of the appellant were responsible for the death of Levano, that is to say, whether the admitted acts of violence upon Levano by the appellant were sufficient to be the substantial cause of death. That issue is addressed later on in the judgment. 4. It is a tragic case. The appellant then age seventeen was involved in an intimate relationship with Makisha who was 22 years of age and shared an apartment with her. He was not the father of Levano. Shortly after 5:00 pm on 16 March 2007 the appellant and Makisha took Levano to Skoorb’s Medical Centre which is situated opposite to where they lived. The appellant told the Doctor that Levano’s heart was 2 beating but he was not breathing. Dr. Maurice Brooks examined Levano who had a very faint heartbeat and was not breathing. Dr. Brooks asked Makisha what had happened to him and she said that he had a fever two days before, the fever broke, but the daddy (a reference to the appellant) beat him with a belt. The appellant admitted to Dr. Brooks that he did beat Levano with a belt. At the time of Dr. Brooks’ examination there were bruises on Levano’s chest, abdomen, leg and a mark on the forehead. Dr. Brooks summoned an ambulance and Levano was dispatched to the Princess Margaret Hospital. 5. Dr. John Neely together with a team of Pediatric Doctors attended Levano on admission to the Accident and Emergency Department. Dr. Neely said that Levano appeared to suffer from trauma. He was admitted to the I.C.U. where he subsequently succumbed to his injuries. An autopsy was performed by Dr. Caryn Sands who found that death was due to blunt force injuries to the head, torso and extremities. 6. Police Sergeant Wilson spoke to the appellant and Makisha at the hospital and the appellant told him that earlier that day he had beaten the child with a belt to the chest area. Sergeant Wilson arrested both the appellant and Makisha and took them to the Central Detective Unit. Woman Police Sergeant Brown interviewed the appellant at the Criminal Detective Unit and conducted a record of interview with him. She also recorded a statement from him. Counsel for the appellant objected to the statement and the record of interview being admitted into evidence on the ground of oppression. After conducting a voir dire the trial judge admitted both the written statement and the record of interview into evidence. 7. The appellant gave evidence on his own behalf. He denied causing any injury to Levano. He denied giving any statement to the Police and said he was forced to sign the document. His brother William Rolle also gave evidence on his behalf. Three Grounds of appeal were filed on behalf of the appellant. 3 8. Ground – 1 The Committal ought to have been quashed In support of this ground Counsel submitted that at the time of his arrest the appellant was a juvenile (17 years of age) and he was interviewed without an adult or attorney present. He further submitted that although the appellant admitted in the statement to having beaten Levano with a belt across his chest the medical evidence did not support the case for the prosecution that those injuries caused the death of the infant. 9. It is of some interest that at the commencement of the trial no application was made to quash the indictment nor was any application made to judicially review the finding of the magistrate that a prima facie case had been made out against the appellant. It was clearly open to the appellant to seek an Order for Judicial Review. The decision of the House of Lords in R v Bedwellty Justices, Ex p. Williams [1977] A.C. 225 is authority for that proposition. We therefore hold that it is not now open to the appellant to raise that issue on appeal. Accordingly this ground of appeal is unmeritorious. 10. Ground – 2 Failure to afford the Appellant Legal Representation On this issue the evidence is quite clear. The transcript shows that when the matter was called the appellant indicated to the court that he needed legal representation. The trial judge told him that on a previous occasion he had indicated to the court that he wished to represent himself. She then told him that it was not possible to have counsel that day and he said that he would represent himself. 11. He was placed in the charge of the jury and the matter was adjourned to the following day when the matter was yet adjourned at the request of the Prosecution to the next day when counsel in the person of Mr. McPhee appeared for the appellant. The matter was further adjourned to facilitate Mr. McPhee. At page 16 of the transcript the trial judge told the jury: 4 “Mr. Foreman and members of the jury, you recall yesterday I asked Mr. Rolle, because I had indicated he had wished to represent himself, which is his right, and I asked him again yesterday and he indicated firstly to me that if counsel could be assigned for him, he would prefer that, but he was willing to go on and represent himself. When I went back into chambers, I thought it would be in the best interest of justice that he be assigned counsel and so I asked the Registrar to get counsel for him and Mr. McPhee kindly, at very short notice, has agreed to represent him. I think it is in the best interest of justice that he is represented in such a matter. I beg your indulgence. As you have seen from coming here, justice grinds very slowly so I ask for your patience.” In light of the above we find no merit in this ground of appeal. 12. Ground – 3 The judge misdirected herself in law in admitting the written statement having regard to Rolle’s age at the time and his brother who witnessed the statement was not a competent person within the meaning of the judges’ Rules. 13. According to Sergeant Brown who interviewed the appellant, he told her he was eighteen years of age. However, shortly after the interview began, William Rolle, the appellant’s brother, came to the Central Police Station and brought the appellant’s passport which showed his date of birth. William Rolle’s presence at the police station was explained by Sergeant Brown in this way: She said under cross- examination by Mr. McPhee that she asked the appellant if he wanted somebody to be present during the interview and at that stage he told her that he was seventeen years old. In an attempt to verify his age Sergeant Brown said she called his brother 5 and asked him to attend at the station and bring along some form of identification for the appellant. 14. A ‘voir dire’ was held to determine the admissibility of the statement. The appellant gave evidence in which he denied giving the statement. On the contrary, he said he was beaten by Police Officers and forced to sign the statement. He further said that he never told the police he was eighteen years old. He maintained that at the time he was seventeen years of age and that is what he told the police. He also said that when the police took him to his home they retrieved his passport from a drawer in his room and that was prior to the recording of the statement.
Load more

Recommended publications
  • 'NO CASE' SUBMISSION Unlawful Sexual Intercourse-13 Years Old - Is the Lesser Offence Included in the Greater - Prejudicial Vs
    COMMONWEALTH OF THE BAHAMAS IN THE SUPREME COURT CRIMINAL DIVISION CRI/VBI/182/8/2018 BETWEEN THE DIRECTOR OF PUBLIC PROSECUTIONS -V- DWAYNE BENJAMIN DECOSTA UNLAWFUL SEXUAL INTERCOURSE WITH A PERSON UNDER FOURTEEN YEARS OF AGE CONTRARY TO SECTION 10(1) (A) OF THE SEXUAL OFFENCES ACT, CHAPTER 99 Before: The Honourable Madam Justice Cheryl Grant- Thompson Appearance: Ms. Jacqueline Burrows and Mr. Perry McHardy for the Prosecution - Director of Public Prosecutions Mr. Murrio Ducille for the Defence Hearing Dates: 11 & 17 September, 2019 RULING ON 'NO CASE' SUBMISSION Unlawful Sexual Intercourse-13 years old - is the lesser offence included in the greater - prejudicial vs. probative - R v Galbraith Headnote: Regina v Dwayne Benjamin DeCosta Indictment No. 182/8/2018 Supreme Court Grant-Thompson J Brief Facts: The Defendant Dwayne DeCosta was charged with the Unlawful Sexual Intercourse of A.B. (a juvenile), contrary to section 10(1)(a) Sexual Offences Act, Ch. 99. The virtual complainant was declared an adverse witness in the Trial. She said he did nothing sexual to her. A.B. said she threw water in her mother's bed on the morning of the incident. Her mother dropped her off to her dad. The dad was on a cruise. A neighbour took her to the East Street South Police Station on 14 July 2018. It was a Saturday. The defendant was at work. He accepts he took her outside the station. She said they went upstairs outside the building. She claims (adversely) that nothing happened in the vacant room upstairs. There was recent complaint - a female Sergeant who saw her return looking distressed.
    [Show full text]
  • Retrying the Acquitted in England, Part I: the Exception to the Rule Against Double Jeopardy for "New and Compelling Evidence"
    Retrying the Acquitted in England, Part I: The Exception to the Rule Against Double Jeopardy for "New and Compelling Evidence" DAVID S. RUDSTEIN* TABLE OF CONTENTS 1. IN TRO DU C T ION .................................................................................................. 3 8 8 I1. THE CRIM INAL JUSTICE A CT 2003 ..................................................................... 392 I11. THE DOUBLE JEOPARDY PRINCIPLE .................................................................... 398 A . H istory ..................................................................................................... 3 9 8 B. Policies Underlying the Rule Prohibitinga Retrial Following an A cquittal ............................................................................ 403 1. Preservingthe Finalityof Judgments ............................................... 405 2. M inimizing PersonalStrain .............................................................. 408 3. Reducing the Risk of an Erroneous Conviction ................................. 411 4. Protectingthe Power of the Jury to Acquit Against the E vidence ......................................................................... 4 14 5. EncouragingEfficient Investigation and Prosecution ...................... 415 6. Conserving Scarce Prosecutorialand Judicial Resources................ 416 7. PreventingH arassment ..................................................................... 4 16 8. Maintainingthe Public's Respect and Confidence in the L egal System ..............................................................................
    [Show full text]
  • Consideration of Applications for Bail and No Case Submission in The
    Protocol I feel delighted and indeed, honoured to be invited as a resource person at this convocation of learned minds. My sincere thanks goes to the indefatigable, elegant and visionary Administrator of the National Judicial Institute, Hon. Justice R.P.I. Bozimo OFR, her management team and staff who have ensured that the standard of training offered by this Institute is maintained, in conformity with current trends in the legal profession and in the administration of justice in Nigeria. My thanks is also extended to my Chief Judge, Hon. Justice Iorhemen Hwande OFR who has graciously released me to function at this programme. Introduction The topic of my paper is ‘Consideration of Application for Bail and No Case Submission in the Magistrates’ Court.’ Without doubt, the topic has a ring of familiarity in the daily discharge of your magisterial duties at your various jurisdictions. Since it is a familiar topic, my job is made easier as I expect us to interact freely in discussing the topic and share your experiences in your various courts. As you can see, the topic addresses two different subjects in criminal law, namely: “Application for Bail” and “No Case Submission.” In this discourse I will address both subjects one after the other as they relate to practice and procedure in the Magistrates’ Court. The Meaning of “Bail” The word “Bail” according to Blacks Law Dictionary Eighth Edition is: “A security such as cash or bond, especially required by a court for the release of a prisoner who must appear at a future time.” (p. 150) The main purpose of bail therefore is to secure the presence of the accused person for his trial.
    [Show full text]
  • Catherine Oborne
    Catherine Oborne YEAR OF CALL: 2011 Catherine Oborne specialises in criminal defence, inquests and associated public law challenges. She defends in a wide range of criminal cases including serious violence, serious drug supply, public disorder, protest, sexual offences and fraud. She also appears in the Court of Appeal on appeals against conviction and sentence as well as advising on references to the Criminal Cases Review Commission. As a led junior, Catherine is regularly instructed in complex cases involving homicide, terrorism and offences against public justice. "Really bright, she works hard for the client and is a superb advocate." CHAMBERS UK, 2021 (CRIME) "A talented junior with boundless tenacity." LEGAL 500, 2021 (CRIME) “She works really hard and is a pleasure to deal with. She’s incredibly impressive, really dedicated and extremely bright.” CHAMBERS UK, 2020 "A powerhouse: clever, committed and a fighter who leaves no stone unturned." LEGAL 500, 2020 "A great young barrister with a bright future who works amazingly hard." LEGAL 500, 2019 If you would like to get in touch with Catherine please contact the clerking team: [email protected] | +44 (0)20 7993 7600 You can also contact Catherine directly: +44 (0)20 7 7993 7824 CRIMINAL DEFENCE Catherine defends in a wide range of high-profile criminal cases including: serious violence serious drug supply public disorder protest fraud As a led junior, she is regularly instructed in complex cases involving homicide, terrorism and offences against public justice. Recent significant cases have included complex legal issues involving anonymous witnesses, closed proceedings due to national security considerations, and witnesses from MI5 giving evidence.
    [Show full text]
  • Court Teasers
    If you have issues viewing or accessing this file, please contact us at NCJRS.gov. I } i ~ \ 1 COURT TEASERS Practical Situations Arising in Magistrates· Courts BY MILES McCOLL, Solicitor Clerk to the Leigh Justices ~....m_;q_r------ SB~ 0-85992-155-7 1978 C.M. McColl Published by Barry Rose (Publishers) Ltd. Little London, Chichester West Sussex Printed by The Southern Post Ltd. London Road, Bognor Regis, Sussex Criminal Law Act 1977 All provisions, except s.47, of this Act which are referred to in the text were brought into force on or before July 17 1978. ,Any reference in the text to 'an indictable offence dealt with summarily' should be construed as the summary trial of an offence triable either-way. Any reference to 'indictable offence' means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either-way. Any reference to a 'summary offence' means an offence which, if committed by an adult, is triable only summarily. 'Offence triable either-way' means an offence which, if committed by an adult, is triable either on indictment or summarily. (C.L. A. , 1977, s.64). iii ~~~---------.---------~----- --------------~--~-- t f; t t PREFACE t·" ~! I Although most magistrates are, by virtue of their office, lay persons, they must at all times be aware of the kind of problems which occur in their courts, in order to do justice to their important judicial appointment. In this booklet I have tried to set out in question-and-answer form, examples of the types of situation which often give cause for concern in magistrates' courts solely because the words of the relevant statutes or the decisions of the appeal courts are not closely followed.
    [Show full text]
  • Code of Criminal Procedure Code of Criminal Procedure
    CODE OF CRIMINAL PROCEDURE CODE OF CRIMINAL PROCEDURE With the participation of John Rason SPENCER QC Professor of Law, University of Cambridge Fellow of Selwyn College TITLE PRELIMINARY ARTICLE Article 1-P PRELIMINARY ARTICLE (Inserted by Law no. 2000-516 of 15 June 2000 Article 1 Official Journal of 16 June 2000) I. Criminal procedure should be fair and adversarial and preserve a balance between the rights of the parties. It should guarantee a separation between those authorities responsible for prosecuting and those responsible for judging. Persons who find themselves in a similar situation and prosecuted for the same offences should be judged according to the same rules. II. The judicial authority ensures that victims are informed and that their rights are respected throughout any criminal process. III. Every person suspected or prosecuted is presumed innocent as long as his guilt has not been established. Attacks on his presumption of innocence are proscribed, compensated and punished in the circumstances laid down by statute. He has the right to be informed of charges brought against him and to be legally defended. The coercive measures to which such a person may be subjected are taken by or under the effective control of judicial authority. They should be strictly limited to the needs of the process, proportionate to the gravity of the offence charged and not such as to infringe human dignity. The accusation to which such a person is subjected should be brought to final judgment within a reasonable time. Every convicted person has the right to have his conviction examined by a second tribunal.
    [Show full text]
  • Fourth Section the Facts
    FOURTH SECTION Application no. 25424/09 by Lorraine ALLEN against the United Kingdom lodged on 29 April 2009 STATEMENT OF FACTS THE FACTS 1. The applicant, Ms Lorraine Allen, is a British national who was born in 1969 and lives in Scarborough. She is represented before the Court by Mr M. Pemberton, a lawyer practising in Wigan. A. The circumstances of the case 2. The facts of the case, as submitted by the applicant, may be summarised as follows. 1. The applicant’s conviction and appeal 3. On 7 September 2000 the applicant was convicted by a jury at Nottingham Crown Court of the manslaughter of her four-month old son, Patrick. She was sentenced to three years’ imprisonment. Evidence was given at her trial by expert medical witnesses who described how the injuries suffered by her son were consistent with shaking or an impact. The conviction was based on the accepted hypothesis concerning “shaken baby syndrome”, also knows as “non-accidental head injury” (“NAHI”), to the effect that the findings of a triad of intracranial injuries consisting of encephalopathy, subdural haemorrhages and retinal haemorrhages were either diagnostic of, or at least very strongly suggestive of, the use of 2 ALLEN v. THE UNITED KINGDOM – STATEMENT OF FACTS AND QUESTIONS unlawful force. All three were present in the case of the death of the applicant’s son. 4. Following a review of cases in which expert medical evidence had been relied upon, the applicant applied for, and was granted, leave to appeal out of time. The appeal was based on a challenge to the accepted hypothesis concerning NAHI on the basis that new medical evidence suggested that the triad of injuries could be attributed to a cause other than NAHI.
    [Show full text]
  • Business in Context BUSS
    TRAN A803BF Hong Kong Legal System and Legal English Lecture 8 – How Law is Proceed 1 8.1 Criminal Trial 8.1.1 Introduction The usual procedures to trial are as follows: • Arrest The police arrests a suspect. • Laying of charges After investigation, the police may lay charge on the suspected. • The police shall bring the suspect to the court for trial. Then the suspected becomes an accused. The accused can choose to act in person or to engage a lawyer. 2 8.1 Criminal Trial • Criminal trials may take place in --Magistrates Court, --District Court or --Court of First Instance . The location of the trial is determined by the category of offence. However, all suspected, regardless of the category of offence, will initially come to the Magistrate Court. 3 8.1 Criminal Trial • 3 categories of offence: (a) Indictable only --The most serious crimes, e.g. murder, manslaughter, armed robbery, rape and drug trafficking involving large quantities of drugs, must be tried in the Court of First Instance before a judge and a jury. All these offences carry a maximum penalty of life imprisonment. 4 8.1 Criminal Trial --The trial of these cases may be preceded by a committal hearing in the Magistrates Court where the basic facts are tested. It is to determine whether the matter should proceed to the Court of First Instance for trial. --The committal seeks to establish whether the prosecution has sufficient evidence on which to base its charge(s )and that if the matter goes to trial that there is the likelihood that the offender will be convicted.
    [Show full text]
  • Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause?
    Catholic University Law Review Volume 62 Issue 1 Fall 2012 Article 3 2012 Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause? David S. Rudstein Follow this and additional works at: https://scholarship.law.edu/lawreview Part of the Common Law Commons, Comparative and Foreign Law Commons, Constitutional Law Commons, and the Criminal Procedure Commons Recommended Citation David S. Rudstein, Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause?, 62 Cath. U. L. Rev. 91 (2013). Available at: https://scholarship.law.edu/lawreview/vol62/iss1/3 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause? Cover Page Footnote Professor of Law and Co-Director, Program in Criminal Litigation, Chicago-Kent College of Law, Illinois Institute of Technology; B.S., University of Illinois, 1968; J.D., Northwestern University, 1971; L.L.M., University of Illinois, 1975. This article is available in Catholic University Law Review: https://scholarship.law.edu/lawreview/vol62/iss1/3 PROSECUTION APPEALS OF COURT-ORDERED MIDTRIAL ACQUITTALS: PERMISSIBLE UNDER THE DOUBLE JEOPARDY CLAUSE? David S. Rudstein+ I. THE ENGLISH MODEL ........................................................................................
    [Show full text]
  • Criminal Proceedings and Defence Rights in Scotland
    CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN SCOTLAND This leaflet covers: Information about Fair Trials Definitions of key legal terms Information about criminal proceedings and defence rights in Scotland Useful links This booklet was last updated in March 2015 1 About Fair Trials Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice. Our vision is a world where every person’s right to a fair trial is respected. We believe the right to a fair trial is an essential part of a just society. Each person accused of a crime should have their guilt or innocence determined by a fair and effective legal process. But the right to a fair trial is not just about protecting suspects and defendants; it also makes societies safer and stronger. Without fair trials, trust in justice and in government collapses. Despite the importance of fair trials being recognised by the international community, this basic human right is being abused day-in-day-out in countries across the globe. We’re working to put an end to these abuses, towards realising our vision of a world where every person’s right to a fair trial is respected. If you think an important question is not covered by this note, please let us know. We would appreciate it if you could also take a few moments to give us some feedback about this note. Your comments will help us to improve our services. “Fair Trials” includes Fair Trials International and Fair Trials Europe.
    [Show full text]
  • Private Prosecutions: a Potential Anticorruption Tool in English Law
    LEGAL REMEDIES FOR GRAND CORRUPTION Private Prosecutions: A Potential Anticorruption Tool in English Law Tamlyn Edmonds & David Jugnarain May 2016 This paper is the fourth in a series examining the challenges and opportunities facing civil society groups that seek to develop innovative legal approaches to expose and punish grand corruption. The series has been developed from a day of discussions on the worldwide legal fight against high-level corruption organized by the Justice Initiative and Oxford University’s Institute for Ethics, Law and Armed Conflict, held in June 2014. LEGAL REMEDIES FOR GRAND CORRUPTION Tamlyn Edmonds is a founding director at Edmonds Marshall McMahon (EMM), the first and only specialist private prosecution law firm in the UK. David Jugnarain is a barrister at EMM. Published by Open Society Foundations th 224 West 57 Street New York, New York, 10019 USA Contact: Ken Hurwitz Senior Legal Officer Anticorruption Open Society Justice Initiative [email protected] LEGAL REMEDIES FOR GRAND CORRUPTION I. What is a private prosecution? The concept of “private prosecution” is unfamiliar to many. It is, put simply, a criminal prosecution pursued by a private person or body and not by a statutory prosecuting authority. The right to pursue a private prosecution is a remnant of legal history, but it remains an important one in England & Wales, the jurisdiction discussed here. In the majority of jurisdictions around the world, the criminal justice system is seen to be a function of the state, which investigates and prosecutes alleged offenders on behalf of the public and for the benefit of the public.
    [Show full text]
  • Criminal Justice System: Aims and Processes
    Criminal Justice System: Aims and Processes Professor Kathleen Daly School of Criminology and Criminal Justice Griffith University, Brisbane, Queensland AUSTRALIA ph +61 07 3735 5625 email: [email protected] Professor Rick Sarre School of Law University of South Australia Adelaide, South Australia ph +61 08 8302 0889 email: [email protected] Chapter prepared for Darren Palmer, Wlliem de Lint, and Derek Dalton (eds.) (2017), Crime and Justice: A Guide to Criminology, 5th edition. Sydney: Lawbook Co. The Figure on “Flow of cases through the criminal justice system” could not be reproduced in this version of the chapter. It can be obtained at the Australian Bureau of Statistics website. Please do not quote or cite without permission of the first author. © Kathleen Daly and Rick Sarre 23 October 2016 0 Chapter 15. Criminal justice system: Aims and processes Kathleen Daly, Griffith University Rick Sarre, University of South Australia Abstract Key words: discretion, crime control and due process models, funnelling pattern, police powers, prosecution, plea bargaining, three tiers of criminal courts, processual and dispositive decisions, sentencing theories, proportionality and crime prevention, retributive and utilitarian punishment, backward and forward orientation to punishment Introduction [15.10] This chapter considers the purposes, aims, and values of a criminal justice system and the controversy surrounding each of its terms: system, justice, and criminal. It describes the agencies that form the justice system and the passage of cases through it. Central to the criminal process is the exercise of discretion by police officers, prosecutors, defence lawyers, judicial officers, probation officers, and community and institutional correctional staff.
    [Show full text]