Substantive Flashcards
Discuss the effect of the right to be presumed innocent on the trail phase of the crim justice system and criminal law regarding burden of proof
Basic fundamental right
Burden of proof and standard of proof
Adversarial -no certainty to criminal trail
Right helps to protect defence from power of state
Whole truth not always found
The presumption of innocence was set up in the woollmington case 1935
Give example of the case
Appealed denied-both actual results and men’s rea must be proved
Beyond a reasonable doubt
Discuss the right to not be deprived of life in context of physician -assisted vying, life support, right to life
Right to life
Right not to be subjected to torture or cruel threat meant
Discuss the contents of the right to freedom of expression and the right to liberty of the person in context of criminal justice
Most developed field of human rights, cornerstone of democracy,
Free press, speech, transmission and receptionist information and ideas, right to silence
The defamation act 1992
Balance of acts eg expression vs discrimination
S14 BORA “expression” as broad as human thought and imagination
Thompson v police - calling out stray cats not expression
Limitations makes a reasoned argument on the limitation of rights
ICCPR - expression can be limited to protect and respect rights if others
Protect national security
NZ
Conteright
On free speech must be reasonable
Eg media name surpression
Right to fair teal
Summery offences act
Human rights - hate speech
Right to movement
