Introduction
Many countries have faced situations in which their citizens demand accountability for injustices or atrocities committed by their own domestic governments, which are in violation of their human rights. The manner in which varying nations have provided for and acknowledged these facts, on their various public platforms, have been both controversial and diverse. These problems tend not to fade into obscurity if left unaddressed. History has dictated that struggle for truth has been adopted by subsequent generations, who demand responsibility from their own government in power as, in many cases, the events will have occurred at the hands of a preceding government.
The passing of time has illustrated that the quest for truth does not dissipate but can cause emotions to escalate and heighten the resolve of the aggrieved parties. Commentators suggest that establishing truth about the past is a precondition for preventing the recurrence of abuses in the future. This paper submits, in extension to this theory, that it is an essential ingredient in the desired passage towards restoration in public confidence and synonymous to the concept of justice in this modern legal world.
The focus of this question is specifically the model of Tribunal of Inquiry which is governed by Section 1 of the Tribunals of Inquiry (Evidence) Act 1921 , which is the legislation used to handle inquiries involving an official element, and truth commissions, the alternative model that has been internationally adopted, largely as a result of military agitation or liberation coups. This paper will also touch upon inquiries hosted in other countries.
Public inquiries themselves are rare and, this paper suggests, much resisted events, indeed Northern Ireland has borne witness to just three such inquiries under the aforementioned Act. These were the Scarman Inquiry in 1969, followed by the Widgery Inquiry in 1972, , the unsatisfactory outcome of which gave rise to the Saville Inquiry in 1998. Countries such as South Africa, Sierra Leone and Argentina, among others, have had their human rights redress distinctively characterized by the construction of truth commissions .
Whether this type mechanism would be more conducive to the pursuit of truth, in matters of vast public concern within the context of Northern Ireland, is a matter for this paper to explore.
The Character and Necessity of Inquiries
Walsh states that an inquiry of this nature can be established under the Act where it is resolved by both Houses of Parliament
Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these same processes and principles. This is exemplified through the Andrew Mallard case (M v The Queen 2005 HCA 68), and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles such as; the rights of the accused and victims, are instrumental in achieving justice as shown through the application of these principles within these cases. These processes and principles can fail due to prejudged conclusions, police corruption, human error and cultural barriers
In conclusion, finding out the truth, the facts, and the goal of justice should be the main purpose of any civil case. Sadly, the judicial process gets in the way. The legal system becomes unjust and in some cases, justice is never served. Seeing the story unfold and reading about the struggle between wealth and power and justice is exciting, yet saddening. The book matters and should be read by all, from people who are studying the legal system to people who are not. It is an emotional and engaging book. It can’t be forgotten. One man can make the biggest difference and finding the truth is much more fulfilling than any riches.
Whenever an author is creating an argument, they must appeal to whatever grabs his or her selected audience’s attention. When given the topic of Michael Fay, an 18 year old American citizen who was punished in Singapore for vandalism by being caned, two sources appealed to their audience in two contrasting ways. In “Time to Assert American Values,” published by The New York Times, the author tries to capture his or her audience by stirring up emotion. In “Rough Justice: A Caning in Singapore Stirs up a Fierce Debate about Crime and Punishment,” Alejandro Reyes presents factual evidence throughout the entire article to support his claims. After carefully analyzing both texts, it is apparent that Alejandro Reyes gives a more convincing and sufficient argument due to his use of indisputable facts.
How much more do we need to do before we start responding to these legacies? Works Cited United Human Rights Council. United Human Rights Council. N.p., n.d. Web. The Web.
A gesture that formerly connoted weakness grows to represent moral strength and provides a crucial step towards potential reconciliation. Within his text, Philpott expresses wholehearted belief in the power of apology stating, “Few acts undo the legitimacy of a crime more effectively than a perpetrator’s renunciation of it” (Philpott 205). Philpott describes the practice of apology as, “When a perpetrator apologizes, he condemns his own role in the political injustice and thus helps to defeat its standing victory from one angle. Yet, the victim retains his own freedom to decide how he will respond to the perpetrator and thus retains a measure of control over whether the standing victory of the injustice is defeated” (Philpott 264). Philosophically, the idea of apology within restorative justice and reconciliation could mark a reaffirmation of the fundamental moral principles of the community, promote national reconciliation, strengthen a principle of transnational cooperation and contribute to the improvement of international law and diplomatic relations. Following an apology, a relationship becomes possible between the perpetrator and the victim, which in turn creates the potential for a less hostile environment for the community, and marks a society’s affirmation of a set of virtues in contradistinction to a past of
There have been many humanitarians that strive to help countries suffering with human right abuses. People think that the help from IGOs and NGOs will be enough to stop human rights violations. However, it hasn’t been effective. Every day, more and more human rights violations happen. The problem is escalating. People, including children, are still being forced to work to death, innocent civilians are still suffering the consequences of war, and families are struggling to stay firm together. Despite the efforts from the people, IGOs, and NGOs, In the year 2100, human rights abuse will not end.
I take into consideration that instead of authorizing the state or professional to ratify and speak their mind, the most relevance to a case the court should take into consideration of what the victim seems fit as a fair punishment or payment in forms of restitution, whether it is labor or monetary to then go along with the judge 's sentence. “The Charter, apart from other things, sets forth that the victim should enjoy the same rights as the culprit. But it is not enough to put this in writing, the law has to be changed in such a way that the victim is not only not deprived of his say, but has rights at least equal to those enjoyed by the accused”. I agree with the previous quote due to the fact that victims should not be deprived from speech and equality. I believe that by having the original parties engaged rather than being driven to the side, society will be more concerned to make sure that everyone is given fair, equal and consistent resolution to a conflict. This would establish that the neighbourhood and state have a set of shared values and goals that they are working towards to support social order. “At present, the role of a victim of a crime is only at the periphery of the criminal justice delivery system. Once the first information is furnished, the only stage at which the victim comes into the picture is when she is called upon to give evidence in court by the prosecution. The victim virtually
In the Criminal Justice system, the main goal is justice or in other words, a fair consequence to match a criminal action. An obvious, yet unmentioned underlying goal is to prevent injustice. Many times, justice prevails, and this is why our system prevails today. However, when justice fails, it is key to look at the information offered in order to better the system and to repay those that have been failed by it. One area that has shown itself as flawed is the area of interrogations though many other areas will be presented throughout this paper as well. By examining five cases involving questionable interrogation and showing other system flaws, I will enlighten others as to how our justice system handles its flaws, and hopefully I will provide motivation for further improvement.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
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Esteemed members of the Board, in this report I intend to convincingly show you that the borders in question absolutely need to be redrawn. The borders I speak of are those of the British oppression of Northern Ireland. For years upon years the British have possessed political control over the people of Northern Ireland. I will make it obvious to you that the strong Catholic religion throughout Northern Ireland has forced the people to oppose British control. As most of you know, the official and majority religion of Great Britain is that of Protestantism. And the deeply faithful Irish have always felt that they were looked down upon by the British for refusing to practice their form of Christianity. But, we will discuss this later as the current issue is that of the culture of the people of Ireland. My argument is that the Irish culture is the same throughout Ireland and Northern Ireland, which is currently under British control. Because the Irish people share the same culture and the same geographic area, being located on the small island, they deserve and are justly due to have their entire country reunited. I feel that the British must cede Northern Ireland back to the Irish people to reunite the full country.