case study for criminal law

Doha Declaration

Education for justice.

• Agenda Day 1
• Agenda Day 2
• Agenda Day 3
• Agenda Day 4
• Registration
• Breakout Sessions for Primary and Secondary Level
• Breakout Sessions for Tertiary Level
• E4J Youth Competition
• India - Lockdown Learners
• Chuka, Break the Silence
• The Online Zoo
• I would like a community where ...
• Staying safe online
• Let's be respectful online
• We can all be heroes
• Respect for all
• We all have rights
• A mosaic of differences
• The right thing to do
• Solving ethical dilemmas
• UNODC-UNESCO Guide for Policymakers
• UNODC-UNESCO Handbooks for Teachers
• Justice Accelerators
• Introduction
• Organized Crime
• Trafficking in Persons & Smuggling of Migrants
• Crime Prevention & Criminal Justice Reform
• Crime Prevention, Criminal Justice & SDGs
• UN Congress on Crime Prevention & Criminal Justice
• Commission on Crime Prevention & Criminal Justice
• Conference of the Parties to UNTOC
• Conference of the States Parties to UNCAC
• Rules for Simulating Crime Prevention & Criminal Justice Bodies
• Crime Prevention & Criminal Justice
• Engage with Us
• Contact Us about MUN
• Conferences Supporting E4J
• Cyberstrike
• Play for Integrity
• Running out of Time
• Zorbs Reloaded
• Developing a Rationale for Using the Video
• Previewing the Anti-Corruption Video
• Viewing the Video with a Purpose
• Post-viewing Activities
• Previewing the Firearms Video
• Rationale for Using the Video
• Previewing the Human Trafficking Video
• Previewing the Organized Crime Video
• Previewing the Video
• Criminal Justice & Crime Prevention
• Corruption & Integrity
• Human Trafficking & Migrant Smuggling
• Firearms Trafficking
• Terrorism & Violent Extremism
• Introduction & Learning Outcomes
• Corruption - Baseline Definition
• Effects of Corruption
• Deeper Meanings of Corruption
• Measuring Corruption
• Possible Class Structure
• Core Reading
• Advanced Reading
• Student Assessment
• Additional Teaching Tools
• Guidelines for Stand-Alone Course
• Appendix: How Corruption Affects the SDGs
• What is Governance?
• What is Good Governance?
• Corruption and Bad Governance
• Governance Reforms and Anti-Corruption
• Guidelines for Stand-alone Course
• Corruption and Democracy
• Corruption and Authoritarian Systems
• Hybrid Systems and Syndromes of Corruption
• The Deep Democratization Approach
• Political Parties and Political Finance
• Political Institution-building as a Means to Counter Corruption
• Manifestations and Consequences of Public Sector Corruption
• Causes of Public Sector Corruption
• Theories that Explain Corruption
• Corruption in Public Procurement
• Corruption in State-Owned Enterprises
• Responses to Public Sector Corruption
• Preventing Public Sector Corruption
• Forms & Manifestations of Private Sector Corruption
• Consequences of Private Sector Corruption
• Causes of Private Sector Corruption
• Responses to Private Sector Corruption
• Preventing Private Sector Corruption
• Collective Action & Public-Private Partnerships against Corruption
• Transparency as a Precondition
• Detection Mechanisms - Auditing and Reporting
• Whistle-blowing Systems and Protections
• Investigation of Corruption
• Introduction and Learning Outcomes
• Brief background on the human rights system
• Overview of the corruption-human rights nexus
• Impact of corruption on specific human rights
• Approaches to assessing the corruption-human rights nexus
• Human-rights based approach
• Defining sex, gender and gender mainstreaming
• Gender differences in corruption
• Theories explaining the gender–corruption nexus
• Gendered impacts of corruption
• Anti-corruption and gender mainstreaming
• Manifestations of corruption in education
• Costs of corruption in education
• Causes of corruption in education
• Fighting corruption in education
• Core terms and concepts
• The role of citizens in fighting corruption
• The role, risks and challenges of CSOs fighting corruption
• The role of the media in fighting corruption
• Access to information: a condition for citizen participation
• ICT as a tool for citizen participation in anti-corruption efforts
• Government obligations to ensure citizen participation in anti-corruption efforts
• Teaching Guide
• Brief History of Terrorism
• 19th Century Terrorism
• League of Nations & Terrorism
• United Nations & Terrorism
• Terrorist Victimization
• Exercises & Case Studies
• Radicalization & Violent Extremism
• Preventing & Countering Violent Extremism
• Drivers of Violent Extremism
• International Approaches to PVE &CVE
• Regional & Multilateral Approaches
• Defining Rule of Law
• UN Global Counter-Terrorism Strategy
• International Cooperation & UN CT Strategy
• Legal Sources & UN CT Strategy
• Regional & National Approaches
• International Legal Frameworks
• International Human Rights Law
• International Humanitarian Law
• International Refugee Law
• Current Challenges to International Legal Framework
• Defining Terrorism
• Criminal Justice Responses
• Treaty-based Crimes of Terrorism
• Core International Crimes
• International Courts and Tribunals
• African Region
• Inter-American Region
• Asian Region
• European Region
• Middle East & Gulf Regions
• Core Principles of IHL
• Categorization of Armed Conflict
• Classification of Persons
• IHL, Terrorism & Counter-Terrorism
• Relationship between IHL & intern. human rights law
• Limitations Permitted by Human Rights Law
• Derogation during Public Emergency
• Examples of States of Emergency & Derogations
• International Human Rights Instruments
• Regional Human Rights Instruments
• Extra-territorial Application of Right to Life
• Arbitrary Deprivation of Life
• Death Penalty
• Enforced Disappearances
• Armed Conflict Context
• International Covenant on Civil and Political Rights
• Convention against Torture et al.
• International Legal Framework
• Key Contemporary Issues
• Investigative Phase
• Trial & Sentencing Phase
• Armed Conflict
• Case Studies
• Special Investigative Techniques
• Surveillance & Interception of Communications
• Privacy & Intelligence Gathering in Armed Conflict
• Accountability & Oversight of Intelligence Gathering
• Principle of Non-Discrimination
• Freedom of Religion
• Freedom of Expression
• Freedom of Assembly
• Freedom of Association
• Fundamental Freedoms
• Definition of 'Victim'
• Effects of Terrorism
• Access to Justice
• Recognition of the Victim
• Human Rights Instruments
• Criminal Justice Mechanisms
• Instruments for Victims of Terrorism
• National Approaches
• Key Challenges in Securing Reparation
• Topic 1. Contemporary issues relating to conditions conducive both to the spread of terrorism and the rule of law
• Topic 2. Contemporary issues relating to the right to life
• Topic 3. Contemporary issues relating to foreign terrorist fighters
• Topic 4. Contemporary issues relating to non-discrimination and fundamental freedoms
• Module 16: Linkages between Organized Crime and Terrorism
• Thematic Areas
• Content Breakdown
• Module Adaptation & Design Guidelines
• Teaching Methods
• Acknowledgements
• 1. Introducing United Nations Standards & Norms on CPCJ vis-à-vis International Law
• 2. Scope of United Nations Standards & Norms on CPCJ
• 3. United Nations Standards & Norms on CPCJ in Operation
• 1. Definition of Crime Prevention
• 2. Key Crime Prevention Typologies
• 2. (cont.) Tonry & Farrington’s Typology
• 3. Crime Problem-Solving Approaches
• 4. What Works
• United Nations Entities
• Regional Crime Prevention Councils/Institutions
• Key Clearinghouses
• Systematic Reviews
• 1. Introduction to International Standards & Norms
• 2. Identifying the Need for Legal Aid
• 3. Key Components of the Right of Access to Legal Aid
• 4. Access to Legal Aid for Those with Specific Needs
• 5. Models for Governing, Administering and Funding Legal Aid
• 6. Models for Delivering Legal Aid Services
• 7. Roles and Responsibilities of Legal Aid Providers
• 8. Quality Assurance and Legal Aid Services
• 1. Context for Use of Force by Law Enforcement Officials
• 2. Legal Framework
• 3. General Principles of Use of Force in Law Enforcement
• 4. Use of Firearms
• 5. Use of “Less-Lethal” Weapons
• 6. Protection of Especially Vulnerable Groups
• 7. Use of Force during Assemblies
• 1. Policing in democracies & need for accountability, integrity, oversight
• 2. Key mechanisms & actors in police accountability, oversight
• 3. Crosscutting & contemporary issues in police accountability
• 1. Introducing Aims of Punishment, Imprisonment & Prison Reform
• 2. Current Trends, Challenges & Human Rights
• 3. Towards Humane Prisons & Alternative Sanctions
• 1. Aims and Significance of Alternatives to Imprisonment
• 2. Justifying Punishment in the Community
• 3. Pretrial Alternatives
• 4. Post Trial Alternatives
• 5. Evaluating Alternatives
• 1. Concept, Values and Origin of Restorative Justice
• 2. Overview of Restorative Justice Processes
• 3. How Cost Effective is Restorative Justice?
• 4. Issues in Implementing Restorative Justice
• 1. Gender-Based Discrimination & Women in Conflict with the Law
• 2. Vulnerabilities of Girls in Conflict with the Law
• 3. Discrimination and Violence against LGBTI Individuals
• 4. Gender Diversity in Criminal Justice Workforce
• 1. Ending Violence against Women
• 2. Human Rights Approaches to Violence against Women
• 3. Who Has Rights in this Situation?
• 4. What about the Men?
• 5. Local, Regional & Global Solutions to Violence against Women & Girls
• 1. Understanding the Concept of Victims of Crime
• 2. Impact of Crime, including Trauma
• 3. Right of Victims to Adequate Response to their Needs
• 4. Collecting Victim Data
• 5. Victims and their Participation in Criminal Justice Process
• 6. Victim Services: Institutional and Non-Governmental Organizations
• 7. Outlook on Current Developments Regarding Victims
• 8. Victims of Crime and International Law
• 1. The Many Forms of Violence against Children
• 2. The Impact of Violence on Children
• 3. States' Obligations to Prevent VAC and Protect Child Victims
• 4. Improving the Prevention of Violence against Children
• 5. Improving the Criminal Justice Response to VAC
• 6. Addressing Violence against Children within the Justice System
• 1. The Role of the Justice System
• 2. Convention on the Rights of the Child & International Legal Framework on Children's Rights
• 3. Justice for Children
• 4. Justice for Children in Conflict with the Law
• 5. Realizing Justice for Children
• 1a. Judicial Independence as Fundamental Value of Rule of Law & of Constitutionalism
• 1b. Main Factors Aimed at Securing Judicial Independence
• 2a. Public Prosecutors as ‘Gate Keepers’ of Criminal Justice
• 2b. Institutional and Functional Role of Prosecutors
• 2c. Other Factors Affecting the Role of Prosecutors
• Basics of Computing
• Global Connectivity and Technology Usage Trends
• Cybercrime in Brief
• Cybercrime Trends
• Cybercrime Prevention
• Offences against computer data and systems
• Computer-related offences
• Content-related offences
• The Role of Cybercrime Law
• Harmonization of Laws
• International and Regional Instruments
• International Human Rights and Cybercrime Law
• Digital Evidence
• Digital Forensics
• Standards and Best Practices for Digital Forensics
• Reporting Cybercrime
• Who Conducts Cybercrime Investigations?
• Obstacles to Cybercrime Investigations
• Knowledge Management
• Legal and Ethical Obligations
• Handling of Digital Evidence
• Digital Evidence Admissibility
• Sovereignty and Jurisdiction
• Formal International Cooperation Mechanisms
• Informal International Cooperation Mechanisms
• Data Retention, Preservation and Access
• Challenges Relating to Extraterritorial Evidence
• National Capacity and International Cooperation
• Internet Governance
• Cybersecurity Strategies: Basic Features
• National Cybersecurity Strategies
• International Cooperation on Cybersecurity Matters
• Cybersecurity Posture
• Assets, Vulnerabilities and Threats
• Vulnerability Disclosure
• Cybersecurity Measures and Usability
• Situational Crime Prevention
• Incident Detection, Response, Recovery & Preparedness
• Privacy: What it is and Why it is Important
• Privacy and Security
• Cybercrime that Compromises Privacy
• Data Protection Legislation
• Data Breach Notification Laws
• Enforcement of Privacy and Data Protection Laws
• Intellectual Property: What it is
• Types of Intellectual Property
• Causes for Cyber-Enabled Copyright & Trademark Offences
• Protection & Prevention Efforts
• Online Child Sexual Exploitation and Abuse
• Cyberstalking and Cyberharassment
• Cyberbullying
• Gender-Based Interpersonal Cybercrime
• Interpersonal Cybercrime Prevention
• Cyber Organized Crime: What is it?
• Conceptualizing Organized Crime & Defining Actors Involved
• Criminal Groups Engaging in Cyber Organized Crime
• Cyber Organized Crime Activities
• Preventing & Countering Cyber Organized Crime
• Cyberespionage
• Cyberterrorism
• Cyberwarfare
• Information Warfare, Disinformation & Electoral Fraud
• Responses to Cyberinterventions
• Framing the Issue of Firearms
• Direct Impact of Firearms
• Indirect Impacts of Firearms on States or Communities
• International and National Responses
• Typology and Classification of Firearms
• Common Firearms Types
• 'Other' Types of Firearms
• Parts and Components
• History of the Legitimate Arms Market
• Need for a Legitimate Market
• Key Actors in the Legitimate Market
• Authorized & Unauthorized Arms Transfers
• Illegal Firearms in Social, Cultural & Political Context
• Supply, Demand & Criminal Motivations
• Larger Scale Firearms Trafficking Activities
• Smaller Scale Trafficking Activities
• Sources of Illicit Firearms
• Consequences of Illicit Markets
• International Public Law & Transnational Law
• International Instruments with Global Outreach
• Commonalities, Differences & Complementarity between Global Instruments
• Tools to Support Implementation of Global Instruments
• Other United Nations Processes
• The Sustainable Development Goals
• Multilateral & Regional Instruments
• Scope of National Firearms Regulations
• National Firearms Strategies & Action Plans
• Harmonization of National Legislation with International Firearms Instruments
• Assistance for Development of National Firearms Legislation
• Firearms Trafficking as a Cross-Cutting Element
• Organized Crime and Organized Criminal Groups
• Criminal Gangs
• Terrorist Groups
• Interconnections between Organized Criminal Groups & Terrorist Groups
• Gangs - Organized Crime & Terrorism: An Evolving Continuum
• International Response
• International and National Legal Framework
• Firearms Related Offences
• Role of Law Enforcement
• Firearms as Evidence
• Use of Special Investigative Techniques
• International Cooperation and Information Exchange
• Prosecution and Adjudication of Firearms Trafficking
• Teaching Methods & Principles
• Ethical Learning Environments
• Overview of Modules
• Module Adaption & Design Guidelines
• Table of Exercises
• Basic Terms
• Forms of Gender Discrimination
• Ethics of Care
• Case Studies for Professional Ethics
• Case Studies for Role Morality
• Additional Exercises
• Defining Organized Crime
• Definition in Convention
• Similarities & Differences
• Activities, Organization, Composition
• Thinking Critically Through Fiction
• Excerpts of Legislation
• Research & Independent Study Questions
• Legal Definitions of Organized Crimes
• Criminal Association
• Definitions in the Organized Crime Convention
• Criminal Organizations and Enterprise Laws
• Enabling Offence: Obstruction of Justice
• Drug Trafficking
• Wildlife & Forest Crime
• Counterfeit Products Trafficking
• Falsified Medical Products
• Trafficking in Cultural Property
• Trafficking in Persons
• Case Studies & Exercises
• Extortion Racketeering
• Loansharking
• Links to Corruption
• Bribery versus Extortion
• Money-Laundering
• Liability of Legal Persons
• How much Organized Crime is there?
• Alternative Ways for Measuring
• Measuring Product Markets
• Risk Assessment
• Key Concepts of Risk Assessment
• Risk Assessment of Organized Crime Groups
• Risk Assessment of Product Markets
• Risk Assessment in Practice
• Positivism: Environmental Influences
• Classical: Pain-Pleasure Decisions
• Structural Factors
• Ethical Perspective
• Crime Causes & Facilitating Factors
• Models and Structure
• Hierarchical Model
• Local, Cultural Model
• Enterprise or Business Model
• Groups vs Activities
• Networked Structure
• Jurisdiction
• Investigators of Organized Crime
• Controlled Deliveries
• Physical & Electronic Surveillance
• Undercover Operations
• Financial Analysis
• Use of Informants
• Rights of Victims & Witnesses
• Role of Prosecutors
• Adversarial vs Inquisitorial Legal Systems
• Mitigating Punishment
• Granting Immunity from Prosecution
• Witness Protection
• Aggravating & Mitigating Factors
• Sentencing Options
• Alternatives to Imprisonment
• Death Penalty & Organized Crime
• Backgrounds of Convicted Offenders
• Confiscation
• Confiscation in Practice
• Mutual Legal Assistance (MLA)
• Extradition
• Transfer of Criminal Proceedings
• Transfer of Sentenced Persons
• Module 12: Prevention of Organized Crime
• Adoption of Organized Crime Convention
• Historical Context
• Features of the Convention
• Related international instruments
• Conference of the Parties
• Roles of Participants
• Structure and Flow
• Recommended Topics
• Background Materials
• What is Sex / Gender / Intersectionality?
• Knowledge about Gender in Organized Crime
• Gender and Organized Crime
• Gender and Different Types of Organized Crime
• Definitions and Terminology
• Organized crime and Terrorism - International Legal Framework
• International Terrorism-related Conventions
• UNSC Resolutions on Terrorism
• Organized Crime Convention and its Protocols
• Theoretical Frameworks on Linkages between Organized Crime and Terrorism
• Typologies of Criminal Behaviour Associated with Terrorism
• Terrorism and Drug Trafficking
• Terrorism and Trafficking in Weapons
• Terrorism, Crime and Trafficking in Cultural Property
• Trafficking in Persons and Terrorism
• Intellectual Property Crime and Terrorism
• Kidnapping for Ransom and Terrorism
• Exploitation of Natural Resources and Terrorism
• Review and Assessment Questions
• Research and Independent Study Questions
• Criminalization of Smuggling of Migrants
• UNTOC & the Protocol against Smuggling of Migrants
• Offences under the Protocol
• Financial & Other Material Benefits
• Aggravating Circumstances
• Criminal Liability
• Non-Criminalization of Smuggled Migrants
• Scope of the Protocol
• Humanitarian Exemption
• Migrant Smuggling v. Irregular Migration
• Migrant Smuggling vis-a-vis Other Crime Types
• Other Resources
• Assistance and Protection in the Protocol
• International Human Rights and Refugee Law
• Vulnerable groups
• Positive and Negative Obligations of the State
• Identification of Smuggled Migrants
• Participation in Legal Proceedings
• Role of Non-Governmental Organizations
• Smuggled Migrants & Other Categories of Migrants
• Short-, Mid- and Long-Term Measures
• Criminal Justice Reponse: Scope
• Investigative & Prosecutorial Approaches
• Different Relevant Actors & Their Roles
• Testimonial Evidence
• Financial Investigations
• Non-Governmental Organizations
• ‘Outside the Box’ Methodologies
• Intra- and Inter-Agency Coordination
• Admissibility of Evidence
• International Cooperation
• Exchange of Information
• Non-Criminal Law Relevant to Smuggling of Migrants
• Administrative Approach
• Complementary Activities & Role of Non-criminal Justice Actors
• Macro-Perspective in Addressing Smuggling of Migrants
• Human Security
• International Aid and Cooperation
• Migration & Migrant Smuggling
• Mixed Migration Flows
• Social Politics of Migrant Smuggling
• Vulnerability
• Profile of Smugglers
• Role of Organized Criminal Groups
• Humanitarianism, Security and Migrant Smuggling
• Crime of Trafficking in Persons
• The Issue of Consent
• The Purpose of Exploitation
• The abuse of a position of vulnerability
• Indicators of Trafficking in Persons
• Distinction between Trafficking in Persons and Other Crimes
• Misconceptions Regarding Trafficking in Persons
• Root Causes
• Supply Side Prevention Strategies
• Demand Side Prevention Strategies
• Role of the Media
• Safe Migration Channels
• Crime Prevention Strategies
• Monitoring, Evaluating & Reporting on Effectiveness of Prevention
• Trafficked Persons as Victims
• Protection under the Protocol against Trafficking in Persons
• Broader International Framework
• State Responsibility for Trafficking in Persons
• Identification of Victims
• Principle of Non-Criminalization of Victims
• Criminal Justice Duties Imposed on States
• Role of the Criminal Justice System
• Current Low Levels of Prosecutions and Convictions
• Challenges to an Effective Criminal Justice Response
• Rights of Victims to Justice and Protection
• Potential Strategies to “Turn the Tide”
• State Cooperation with Civil Society
• Civil Society Actors
• The Private Sector
• Comparing SOM and TIP
• Differences and Commonalities
• Vulnerability and Continuum between SOM & TIP
• Labour Exploitation
• Forced Marriage
• Other Examples
• Children on the Move
• Protecting Smuggled and Trafficked Children
• Protection in Practice
• Children Alleged as Having Committed Smuggling or Trafficking Offences
• Basic Terms - Gender and Gender Stereotypes
• International Legal Frameworks and Definitions of TIP and SOM
• Global Overview on TIP and SOM
• Gender and Migration
• Key Debates in the Scholarship on TIP and SOM
• Gender and TIP and SOM Offenders
• Responses to TIP and SOM
• Use of Technology to Facilitate TIP and SOM
• Technology Facilitating Trafficking in Persons
• Technology in Smuggling of Migrants
• Using Technology to Prevent and Combat TIP and SOM
• Privacy and Data Concerns
• Emerging Trends
• Demand and Consumption
• Supply and Demand
• Implications of Wildlife Trafficking
• Legal and Illegal Markets
• Perpetrators and their Networks
• Locations and Activities relating to Wildlife Trafficking
• Environmental Protection & Conservation
• CITES & the International Trade in Endangered Species
• Organized Crime & Corruption
• Animal Welfare
• Criminal Justice Actors and Agencies
• Criminalization of Wildlife Trafficking
• Challenges for Law Enforcement
• Investigation Measures and Detection Methods
• Prosecution and Judiciary
• Wild Flora as the Target of Illegal Trafficking
• Purposes for which Wild Flora is Illegally Targeted
• How is it Done and Who is Involved?
• Consequences of Harms to Wild Flora
• Terminology
• Background: Communities and conservation: A history of disenfranchisement
• Incentives for communities to get involved in illegal wildlife trafficking: the cost of conservation
• Incentives to participate in illegal wildlife, logging and fishing economies
• International and regional responses that fight wildlife trafficking while supporting IPLCs
• Mechanisms for incentivizing community conservation and reducing wildlife trafficking
• Critiques of community engagement
• Other challenges posed by wildlife trafficking that affect local populations
• Global Podcast Series
• Apr. 2021: Call for Expressions of Interest: Online training for academics from francophone Africa
• Feb. 2021: Series of Seminars for Universities of Central Asia
• Dec. 2020: UNODC and TISS Conference on Access to Justice to End Violence
• Nov. 2020: Expert Workshop for University Lecturers and Trainers from the Commonwealth of Independent States
• Oct. 2020: E4J Webinar Series: Youth Empowerment through Education for Justice
• Interview: How to use E4J's tool in teaching on TIP and SOM
• E4J-Open University Online Training-of-Trainers Course
• Teaching Integrity and Ethics Modules: Survey Results
• Grants Programmes
• E4J MUN Resource Guide
• Library of Resources

Module 3: Access to Legal Aid in Criminal Proceedings

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E4J University Module Series: Crime Prevention and Criminal Justice

Introduction and learning outcomes.

• Topic 1.  Introduction to the international standards and norms
• Topic 2.  Identifying the need for legal aid, and the benefits and costs of legal aid
• Topic 3.  Key components of the right of access to legal aid
• Topic 4.  Access to legal aid for those with specific needs
• Topic 5.  Models for governing, administering and funding legal aid
• Topic 6.  Models for delivering legal aid services
• Topic 7.  Roles and responsibilities of legal aid providers, and other criminal justice officials
• Topic 8.  Quality assurance and legal aid services

Case studies

Possible class structure, core reading, advanced reading, student assessment, additional teaching tools, guidelines to develop a stand-alone course.

• First published in January 2019

  This module is a resource for lecturers  

The case studies in this section are designed to provide students with an opportunity to evaluate access to legal aid in practice, and to constructively assess strategies for improving access to legal aid in different jurisdictions. Discussion questions relating to these case studies are presented in the Exercises section.

Pre-Class Case Study

A few weeks ago, you were visiting a friend in another part of town. About five minutes after you left your friend's house, you were stopped in the street by a police officer, arrested and taken to a police station. The police told you that you had been identified by a woman who told them that you had assaulted her about 30 minutes before you were stopped by the police officer. At that time, you had been with your friend, but when you tried to explain this to the police, they were not interested. You are now being prosecuted for assault and have to attend court next week.

The questions related to this pre-class case study are mentioned in the Exercises section.

In-Class Case Study of "Sami"

Sami is a girl aged 14 years. She grew up in a poor district of the capital city, but when she was 13 she was snatched from the street by a criminal gang and taken to a town in another part of the country. She does not speak the language used in that part of the country and does not really have a very clear idea of where it is in relation to the city that she came from. Several girls and boys are kept by the gang, and every day they are sent out to steal. They are often watched by a member of the gang, and severely punished if they are seen trying to talk to anyone, or seen to go outside of the area of the town that they are told to operate in. Sami has been beaten on several occasions and is often threatened with violence by gang members. Sometimes, she is made to have sex with men.

One day she was caught by the person she tried to steal from, who called the police. She was taken to the police station.

The questions related to this in-class case study are mentioned in the Exercises section.

Additional Case Study 

A 25-year-old man is arrested and detained by police officers on suspicion that he has stolen a car. He was identified by a neighbour of the owner of the car, who says he went to the same school as him, and who reported it to the police. The police take the man to the local police station, where they intend to interrogate him about the suspected offence.

Having regard to the law and practice in your jurisdiction:

(1) Assess whether -

(a) he has a right to a lawyer and, if so, at what point in the process that right applies

(b) he is likely, in practice, to have a lawyer and, if so, at what point in the process, and

(c) he is eligible for the lawyer to be paid under legal aid whilst he is held at the police station.

(2) Assume that the man is prosecuted for theft of the car. Assess whether -

(a) he has a right to a lawyer for the trial

(b) he is likely, in practice, to have a lawyer, and

(c) he is eligible for the lawyer to be paid under legal aid for the court proceedings.

Next: Possible class structure

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