Topic > The Impact of the British Legal System on the Legal Structure of Trinidad and Tobago

Index IntroductionJudicial AbortionDue ProcessTechnologyConclusionIntroductionThe legal system of Trinidad and Tobago is based on British common law and national statutory laws. Although the legal systems of the former British colonies share many similarities. They differ somewhat. British common law was the primary foundation of the legal systems at independence. (Caribbean Human Development Report 2012 page 117). Over the past decade, crime statistics in Trinidad and Tobago suggest that the police service is struggling to perform its function as an agent of social control. This led to a negative cycle where the lack of efficiency had a negative impact on the relationship between police and citizens and this in turn contributed to the escalation of the crime situation. (A report on the safety of Trinidad and Tobago citizens page 105). The people of Trinidad and Tobago have lost faith in the criminal justice system because there are miscarriages of justice, there is no fair trial and not enough money is invested in technology to fight crime. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Judicial Abortion Victor Nealon (1997) served seventeen (17) years in prison for attempted sexual assault. Police officers never carried out deoxyribonucleic acid (DNA) investigations revealing that the clothing contained samples from another man (not the defendant). Nealon was released in December 2013. Miscarriages of justice are often exposed when new evidence emerges showing that innocent men and/or women are frequently imprisoned. Some have served up to seven (7) years. Sam Hallam (2005) was sentenced to life in prison for the death of trainee chef Essayas Kassahun, but evidence from Hallam's phone showed he was not at the crime scene and police did not investigate his cell phone. The causes of judicial errors are many and varied, but it is possible to refer to some of the main causes to provide a summary. Mistrials are used in the context of appeals of civil or criminal cases. In Trinidad and Tobago, miscarriages of justice are another major concern in the criminal justice system. Innocent men and women are wrongly accused of crimes they did not commit because a proper investigation was not conducted. Indigent clients do not receive adequate representation from lawyers because their compensation package from the government is not high. Private lawyers are well paid, so they work harder to represent their clients and prove their innocence. The justice system is failing without proper investigative practices and training by police officers, the public has lost faith in the justice system. Due Process Due process is a fundamental and constitutional guarantee that all legal proceedings will be fair and that notice will be given; the proceeding acts to take life, liberty, or property. A constitutional guarantee that a law will be unreasonable, arbitrary, and capricious. Miranda V. Arizona (1966) Ernesto Miranda was arrested after a crime victim identified him, but the police officers who interrogated him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to assistance of counsel. (Criminal Justice, page 222). Richie Gunness V. The Attorney General of Trinidad and Tobago (HC 746/2013 CV2013-007460) Justice kokaram. Gunness argues that his constitutional rights to.