Defendant Participation in the Criminal Process by Abenaa Owusu- Bempah

By Abenaa Owusu- Bempah

Requirements for the defendant to actively perform the English legal procedure were expanding lately such that the defendant can now be penalised for his or her non-cooperation. This publication explores the adjustments to the defendant’s function as a player within the legal strategy and the ramifications of penalising a defendant’s non-cooperation, relatively its influence at the opposed system.

The booklet develops a normative theory which proposes that the legal strategy may still function as a mechanism for calling the country to account for its accusations and request for professional condemnation and punishment of the accused. It is going directly to research the constraints put on the privilege opposed to self-incrimination, the curtailment of the fitting to silence, and the defendant’s accountability to reveal the main points of his or her case ahead of trial. The e-book indicates that, through putting participatory requisites on defendants and penalising them for his or her non-cooperation, a procedure of compulsory participation has constructed. This improvement is the outcome of pursuing effective fact-finding with little regard for rules of equity or the rights of the defendant.

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