Kemal Bokhary on Crime and Punishment – The Delivery of Justice? (HKLJ)

“Crime and Punishment – The Delivery of Justice?“
Kemal Bokhary
Hong Kong Regulation Journal, Vol. 54, Half 2 of 2024, pp.307 – 313

Summary: Much more than they treasure justice, folks abhor injustice. There may be substance within the proposition that crime and punishment is the birthplace of judicial justice, for traditionally leaders paid extra consideration to suppressing offences than to resolving personal disputes. The standard of felony justice was a measure of the chief. Self-help between topics was not frowned upon. However the taking of revenge by the victims of crime was at all times prohibited, for the taking of such revenge places the legislation out of workplace. And it could result in anarchy. The administration of felony justice stood sorely in want of enchancment. A lot enchancment has been made. However far more stays to be made. Two of the enhancements made have been surprisingly lengthy in coming. One in all these is an accused individual’s proper to counsel. If defence counsel’s incompetence deprives the accused of a good trial, that could be a floor for quashing a conviction. Prosecutors’ responsibility is to prosecute however they have to accomplish that pretty. Their failure to take action can result in the quashing of a conviction. The opposite enchancment that was surprisingly late in coming is the conferring of the proper of felony enchantment. Exonerating the harmless and calling the responsible to account is the target of the felony justice system. Convicting the harmless and letting the responsible go free are each abominations. However the former is the more serious. The presumption of innocence and the prosecution’s burden of proving guilt past affordable doubt are directed to avoiding it. Sentencing includes making an allowance for varied totally different pursuits and sentiments. The reformation of offenders is the principle, however no sole, goal of punishment. Evaluating Dudley and Stephen’ case with the Conjoined Twins’s case as thought-provoking. Stimulating thought is likely one of the finest methods manner of instructing.