Search Results - "acquittal"

Criminal procedure in Syariah Court by Ab Aziz, Shamrahayu

“…It commences with investigation and ends with discharge or acquittal, or with conviction and imposition of sentence and punishment against the accused/convicted persons. …”
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The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal by Mohamad Yunus, Mohamad Ismail

“…On the other hand, it is argued that to admit such evidence involves the tacit encouragement of improper police practices, and that such practices constitute at least as great an evil as the occasional acquittal of a guilty accused. This paper therefore aims at identifying the position and recent development on the law of illegally obtained evidence. …”
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Unexpected Defeat: The Unsuccessful War Crimes Prosecution of Lt Gen Yamawaki Masataka and Others at Manus Island, 1950 by Morris, Narrelle

“…The Australian war crimes trials conducted at Manus Island in 1950–1951 were carefully selected to produce, albeit with adherence to due legal process, certain convictions followed by death sentences. The consequent acquittal — twice — of Lt Gen Yamawaki Masataka on charges of murdering Australian Army officers and soldiers or failing to try them properly and fairly for alleged crimes before executing them was, at the time, very unexpected. …”
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Prosecutorial immunity: a review of Rosli Bin Dahlan v Tan Sri Abdul Gani Bin Patail & Ors by Ali Mohamed, Ashgar Ali

“…The prosecutorial discretion includes the decision on whether to commence prosecution against a suspect, and if so, the possible charges against him, whether to discontinue criminal proceeding, and whether to appeal against the acquittal of the accused or against the sentences passed by the court. …”
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Mediation: plea bargaining in criminal cases by Kamarudin, Abdul Rani

“…If he succeeds, the outcome would most likely be an acquittal as the prosecution case may not be proven on a criminal standard of proof, i.e. beyond all reasonable doubt. …”
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The status of evidence obtained unlawfully: a comparative appraisal of the laws in some selected Common law jurisdictions and Islamic law perspective by Shair Mohamed, Mohd Akram, Mohamad Yunus, Mohamad Ismail

“…At one extreme, the view could be taken that evidence, which is relevant and otherwise admissible, should not be excluded because the means by which it was obtained: whether illegal, improper or unfair, to exclude it, would in some cases, result in injustice including the acquittal of the guilty. On this view, all evidence, which is necessary to enable justice to be done would be admitted, and those responsible for the illegality or impropriety could be prosecuted, sued or disciplined. …”
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Provocation as a partial defence in murder : a study on its applicability in relation to the battered women in Malaysia and the United Kingdom / Mimi Sintia Haji Mohd Bajury by Mohd Bajury, Mimi Sintia

“…In criminal law, provocation is a possible defence by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is in the realm of insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. …”
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The legal comparison between the existing laws of provocation in Malaysia and the battered woman syndrome / Rul Iman Nur Rahidzab, Jasmine Ho Abdullah and Jainah Jaafar Sidek by Rahidzab, Rul Iman Nur, Abdullah, Jasmine Ho, Jaafar Sidek, Jainah

“…In Malaysia's criminal law, provocation is a defence alleging a sudden or temporary loss of control (a permanent loss of control is in the realm of insanity) as a response to another's provocative conduct sufficient to justify an acquittal, or a mitigated sentence. However the subject of provocation must be grave and sudden and does not recognise long term abuse as a type of provocation. …”
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The Effect of Jury Deliberation on the Outcome of Criminal Trials by Adedeji, Olutimilehin Adedayo

“…If the criminal process is to be effective in responding to criminal activity, it is essential that it leads to punishment of those who are guilty, and acquittal of those who are tried but later found to be innocent; It is only then that the criminal process implements societal intention. …”
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