Law Commons^™

Saidi Banda V The People Scz Appeal No. 114 Of 2015), Mwaka Chizinga

SAIPAR Case Review

No abstract provided.

Prosecutor-General Of Namibia V Namoloh And Others 2020 (3) Nr 839 (Sc), Dunia P. Zongwe

SAIPAR Case Review

Namoloh is the leading case on the definition of an accused in Namibia. It is true that, so far, there have been quite some confusion on the definition of ‘accused.’ For instance, the Criminal Procedure Act does not describe the accused and actually refer to the person through the sentencing process ‘the accused’ even if the accused has already been ‘convicted’. The Namoloh case therefore stabilizes criminal law in Namibia by clarifying who does and who does not qualify as an ‘accused’.

Nonetheless, the way in which the Supreme Court resolved the question of permanent stays of prosecution contradicts the …

Plea Bargaining, Reconciliation And Access To Justice In Zambia: Exploring The Invisible Link, O’Brien Kaaba, Tony Zhou

Zambia Social Science Journal

This article looks at the criminal justice system in Zambia in relation to efficiency and plea bargaining. Using publicly available data, it demonstrates that the institutions under the criminal justice sector are struggling to cope with heavy caseloads. The majority of cases in this context are disposed of through plea bargaining, thereby avoiding full trial. Only a few proceed to full trial. In this respect, it can be seen that plea bargaining serves two ends: it enables deserving cases to have space for trial and it allows the rest of the cases to be disposed of efficiently, without resort to …

Incarceration Or E-Incarceration: California's Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen

Cornell Law Review

No abstract provided.

Milford Maambo And Others V The People 2016/Cc/R001 [2017], O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

Drunk Driving, Blood, And Breath: The Impact Of Birchfield V. North Dakota, Simon Bord

Cornell Journal of Law and Public Policy

Birchfield v. North Dakota is a landmark decision that will influence criminal procedure jurisprudence for years to come. Birchfield drew a distinction between the level of intrusiveness inherent in a breath test versus a blood test, upholding warrantless searches incident to a DUI arrest involving the former, but not the latter. In addition, the Court ruled that criminal penalties for refusing to consent to a blood draw were unconstitutional, but such penalties were an acceptable punishment for motorists who refused to undergo a breath test. Because Birchfield failed to establish a clear rule regarding the permissible scope of implied consent …

Using Daubert To Evaluate Evidence-Based Sentencing, Charlotte Hopkinson

Cornell Law Review

Despite its purported positive impact on the criminal justice system, evidence-based sentencing risks fooling judges and juries and further contributing to the overrepresentation of men of color and poor people in prisons. The problems with the creation of these models, namely a lack of replication, potentially unconstitutional use of certain factors, high false positive rates, and issues with G2i abstraction, should all create serious concerns for actors in and around the criminal justice system.

The House Always Wins: Systemic Disadvantage For Criminal Defendants And The Case Against The Prosecutorial Veto, Evan G. Hall

Cornell Law Review

No abstract provided.