Witnesses fear intimidation especially in cases where the defendant is accused of involvement in heinous crimes. Prosecution, too, is of the opinion that many criminals escape justice because witnesses…
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"The evolution of the law on the anonymity of witnesses: the governments provisions fail to provide a balance with anonymity and a defendants' rights"
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This concealment of identity is not only from the defendant but also from the public and pseudonym is used during the hearing. To conceal this identity common methods such as placing of sight screen and distortion of voices by electronic media are used.
However, the method’s frequent use had raised concern and this practice was challenged. On the other hand, courts held that in absence of any solid reason to contradict the assumption of fair and just trail and where the evidence of anonymous witness could be tested in the adversarial process, admission of evidence in anonymity is allowed.
The criminal evidence (witness anonymity) Act, 2008 was introduced soon after the house of lords allowed appeal by Ian Davis in the case of R Vs Davis. Davis was accused of murdering two men in 2002 and his conviction was set aside on the plea of non-admissibility of anonymous evidence in common law as it prevented the defendant to cross examine the witness to determine or establish malafied on their part. This decision created a sudden vacuum and a lot of pending trails collapsed. To fill this gap, Mr. Jack Straw, introduced the bill on 4th of July 2008 which become an Act of parliament on 8th of July 2008.
In this paper our main focus will be an analysis of law prevailing before the enactment of Criminal Evidence (Witness Anonymity) Act, 2008, the factors which lead towards the promulgation of the Act, case of R Vs Davis (Lain) 2008 and its contribution in enactment of this Act.
Furthermore, a critical compassion of this law with Evidence (Witness Anonymity) Amendment Act 1997 of New Zealand will be made to understand special measures and balance between anonymity and defendant’s right to fair trail.
R Vs Davis (Lain) has proved to be a landmark case which initiated a series of events including promulgation of criminal evidence (witness Anonymity) Act, 2008. This
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What is however, critical is to assess the nature and extent of fairness and what it demands under different circumstances. The relevance of interests in any given situation therefore is considered as one of the essential elements which may put the notion of fairness of trials at relative disadvantage.
Many people deem that individual rights and freedom should be free from any government interference. However, since the government want to maintain law and order, sometimes it limits these freedoms. There should therefore be a balance between individual rights and maintenance of law and order.
During and after the Second World War certain abuses on human subjects in biomedical experiments were reported that drew great human attention to the matter. Nuremburg code clearly stated 10 standards for doctors to follow while carrying out research about human subjects.
Three types of Internet anonymity include full anonymity and pseudonymity. Many internet anonymity systems have some flaws which allow eavesdroppers to access personal information. Internet anonymity is offered through anonymous servers and anonymous internet users.
company that regularly emits air pollution will not be held liable for causing harmful effects not only to the environment but also the health of those individuals who live close to the manufacturing plant. Likewise, these people who are suffering from the negative effects of
Crime is on the rise within Internet and there is absolutely no denying this fact at all. This is because the people have started feeling frustrated while remaining confined within the domains of the Internet and have thus limited their lives due to a number of reasons (Crystal 2001).
Witnesses who appear in court cases are usually nowhere to be seen in a criminal activity because they would like to avoid vengeance. They usually fear for their lives hence must keep anonymity. According to Coleman, S., & Queens University (2003),criminals all over the
The author states that the altered identity affects the ethics, morals and responsibilities of an individual through the reduction of accountability. These individuals are not accountable for their actions. One of the most common connections of anonymity with altered morals, ethics and responsibilities is the issue of tipsters.
The most recent debate is by critics who argue that anonymity on the web gives people too much freedom to torment others.
Anonymity on the web allows victims of traumatizing experiences to speak publicly about their experiences. This in turn helps discuss and come up
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