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What is Your Status When Acused?

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Aloysius, Jul 20, 2011.

  1. Aloysius

    Aloysius Member

    Jul 20, 2011
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    My dears,

    Many of us withers (like a chicken that stagger after some waters has been poured at it) when arrested for some accusation. I therefore deem it expedient to use this opportunity to educate you, in case you did not know, on your status when arrested for whatever indictment; one is presumed innocent until the contrary is proved per the URT Constitution 1977. This means therefore that an act of your arrest prima facie, does not mean that you are succumbing punishment for accusation put against you, that is why I will suggest that the term 'arrest' be substituted with some other polite term.

    What happens in that juncture is just taking you to go and assist relevant authorities on whether the accusation put in you are true. And as it stands it will be for he who accuses you to adduce evidence to indicate that you are in fact guilty, after which, it will lye on you to rebut the evidence so adduced.

    Ergo while the jury is awaited to determine impartially whether you one is innocent or culpable, you will be meanwhile as innocent as anyone, and that is the base for; right to bail.
  2. Caren

    Caren JF-Expert Member

    Jul 21, 2011
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    Unless bail has been denied to you as a right (Murder, Treason and at some point in time armed robbery)
  3. ndetichia

    ndetichia JF-Expert Member

    Jul 21, 2011
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    kube ni law forum au..
  4. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

    Jul 21, 2011
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    That is not the position Aloysius,

    In criminal cases we do not rebut we just raise doubt, that is why the standard of proof is beyond reasonable doubt.

    Secondly we do not have juries in our jurisdiction, what we have is assessors in the high Court only in criminal cases which the High court has original jurisdiction and in primary courts and their opinion is not binding so they can say the accused is guilty but the judge can still say the accused is not guilty