Death Penalty and Inherent Right To Life

A defence lawyer who was worn out of a lengthy trial involving a drugs case who looked sad and angry recently said, “Who pays the ultimate penalty for crimes? The poor! Who gets the death penalty? The poor and it is the poor who is selected to die in this country! Why do the poor people get the death penalty? It is simple because unlike the rich fellows, the poor has no money to afford good lawyers and the poor could not pay experts to help them! Capital punishment means without capital, you get death penalty! And lawyers who are not paid adequately in defending the poor has no alternative, but, to close his shop and leave the legal profession!” Life of a person is given by God and many would say that no one should take a person’s life away except by God, but, there are people who believe that there’s nothing wrong to take away a person’s life if he has committed a heinous crime or crime against humanity. Many countries now have abolished the death penalty as a punishment because to take away a person’s life is cruel, inhumane and inherent immoral and reflects an uncivilized society. […] read more

Evidence of Drugs Analysts, can they be challenged?

The Position in Malaysia In Malaysia the evidence of identification of illicit drugs were done by government chemists and under section 399(1) of the Criminal Procedure Code, reports prepared by government chemists could be admitted as evidence provided ten clear days been given to the accused person before the commencement of the trial. If served less than ten days the report should be objected to when the prosecution wanted to tender it as evidence. It has been observed that although always been challenged, it was rare for the courts in the country not to accept the evidence of government chemists as accurate. Their reports when introduced were assumed to be accurate as to the identity of the illicit drugs seized and tendered in court. Can Evidence of Drug Analysts Be Challenged? However, advancement of science does not mean that the accuracy of drugs analysis and drugs identification by government chemists as drugs analysts could not be challenged and be disputed at all. In the United States and UK, crime labs have been subjected to too much criticism in the past decade, much of it because of DNA evidence that has shown that many prisoners were innocent. In many instances, prisoners […] read more

How To Demolish Fingerprints Evidence Against You

 Is Fingerprints Evidence Reliable? The reliability of fingerprint identification evidence has routinely went unquestioned at all levels of courts and when fingerprint experts opined that the fingerprints at the scene of crime, say, a murder weapon matches that of the accused person, it commonly be understood that the fingerprints found to be evidence of guilt against the accused person. This is because not two persons, not even twins have identical fingerprints. Lawyers in such a situation normally panic and seldom got the confidence to question the accuracy rate of the examiner in analyzing the fingerprints in question nor question the average accuracy rate of the examiners’ profession. Is there a possibility that the fingerprints analyzed been wrong? Seldom lawyers ponder this question without realizing that the accuracy of the examiner’s analysis could be wrong or there could be misidentification of the fingerprints. The problem the lawyer normally faced is that there is unwillingness among the forensic community to admit or acknowledge the possibility of errors in their forensic work. It has always been assumed by the courts that fingerprint identification evidence is assumed to be scientifically valid and free from errors and evidence of fingerprint examiners normally been accepted by […] read more

Need A Perfect Lawyer?

Need a perfect lawyer? Yes, when you are in trouble your mind is searching for a perfect lawyer to do your job or to defend you. We don’t have a perfect lawyer, but, competent lawyers. Again, if there is no perfect lawyer, then, how then you to know who is a competent lawyer to do your job or to defend you? Do Your Homework First We believe that if it is a criminal case, your liberty and life is more important than anything else. How about if it is a civil case? It is also the same. It is about your life that we are talking about. In order to protect your interest make sure that you find the lawyer that can best fight for you, that is, a lawyer not only should he be competent, but, who is professional that commands integrity and who can display good quality work. Don’t simply pick a lawyer just because you have heard of him or been introduced by someone to you. You need to find out yourself and don’t depend on hearsay. Conduct your own investigation to determine whether the lawyer that you intend to hire has these three important traits, that […] read more

Arrested by Police? Tell them you have these Rights!

It’s a New Year and where everyone is celebrating and welcoming the year of 2012, out of nowhere, some police personnels approach you and say to you, “You’re arrested!” Or maybe you’re driving on the road, and some police officer stopped you and arrest you. Before long, you’re handcuffed, and brought to a police station. You’re stunned, caught in surprise and worry that what may happen to you in the next 24 hours or the years to come. You start asking yourself what you have done wrong or why the police arrested you. You start thinking whether your closest relative or friends know your whereabouts and if they’re waiting you for dinner or party, they might start worrying about you and your whereabouts. This incident of being arrested by police happens every day, not only on New Year occasion or on any special occasion.  It can happen at any time, anywhere, without first being warned. As under Section 23 of Criminal Procedure Code (CPC) Malaysia, a police can arrest a person without warrant when there is a reasonable complaint, credible information or there exists reasonable suspicion that a seizable offence has been committed. … clarify their identities as police officer… […] read more

13 General Crimes That You Should Know

#01 Assault and Battery An assault is a crime that involves doing an act against another person with the intent to cause fear of immediate bodily harm or death. The bodily harm can include physical pain, illness, injury or any physical impairment caused by the harm. The word battery may refer to the actual impact of the unlawful act upon another person. There may be degrees of severity in the charges based upon the egregiousness of the alleged act. A threat of bodily harm and harm to property can also give to serious consequences to the offender. #02 Crimes against administration of justice Crimes against administration of justice can include escaping from the custody or charge for the conviction of a crime, fleeing a police officer in a motor vehicle, tampering with a witness, obstructing legal process or arrest. An offender once convicted can find himself in jail. #02 Disorderly conduct A disorderly conduct charge involves accusations that a person in a public or private place knowing or having reasonable grounds to know that it will alarm anger or disturb others, provokes an assault or breach of the peace. This could include brawling or engaging in fighting, unlawfully disturbing an […] read more