To criminal law attorneys, criminal law and procedure is purely a straightforward subject. However, the criminal law procedure combines evidence and constitutional law. This implies that before answering any question on this subject you need to master it carefully.
Over the recent years, criminal law procedure has been placing too much weight on the evidence provided by the prosecution. This means that the prosecution has to attest clearly that the defendant should be held accountable over the rational uncertainty in question. This is contrary to where all uncertainties are determined in providing support to the defendant and the defendant is also required to attest that they are blameless.
Criminal law and procedure also allow the defendant to have an advocate and in case they cannot afford hiring an advocate, the government provides one. In the common rule circumstances, crucial prove is required unless when recommended otherwise by the law. Rumors and hearsays are not part of the evidence unless when the defendant admits that they made the utterances being used against them.
Information that was attained unlawfully cannot be used as evidence and is dismissed immediately in the court of law. The court holds the view that any person is innocent until proven guilty. In criminal law and procedure, the prosecution carries the burden of proving that the defendant is guilty.
There are amendments being proposed on the Uniform Evidence Act of 1995. This proposal suggests that evidence against a person or property that is being accused of an offense similar to the previous ones be adduced against them. Evidence based on previous convictions is usually not admissible in the criminal trials of most countries.
Such amendments are likely to cause justice miscarriage in the court. They also undermine the principle of assuming that a person is innocent until proven guilty. In addition, the amendments create suspicion on the innocence of the accused person.
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