What is Contempt of Court, How to change your lawyer, First Information Report (FIR)

Miscarriage of Justice

• whenever suspects or defendants or convicts are treated by the State in breach of their rights, whether because of, first, deficient processes or
• second, the laws which are applied to them or,
• third, because there is no factual justification for the applied treatment or punishment;
• fourth, whenever suspects or defendants or convicts are treated adversely by the State to a disproportionate extent in comparison with the need to protect the rights of others; or,
• fifth, whenever the rights of others are not effectively or proportionately protected or vindicated by State action against wrongdoers or,
• sixth, by State law itself

These six categories, which revolve around themes of breach of rights of suspects/defendants, the disproportionate treatment of suspects/defendants or the non-vindication of the rights of victims, might be termed direct miscarriages.

In addition, it may be possible to derive from their infliction a seventh, indirect miscarriage which affects the community as a whole. A conviction arising from deceit or illegalities is corrosive of the State's claims to legitimacy on the basis of its criminal justice system's values such as respect for individual rights. In this way, as well as the undesirable fate of the individual, the moral integrity of the criminal process suffers harm. Moreover, there may be practical detriment in terms of diminished confidence in the forces of law and order leading to fewer active citizens aiding the police and fewer jurors willing to convict even the blatantly guilty.

It is arguable that this indirect form of miscarriage can exist independently as well as contingently in two respects. One is that a breach of the principle of judicial legitimacy should be of concern even if there is an accurate and fair determination of guilt or innocence.

Secondly, it still produces a great moral harm even if, so far as the individual is concerned, there is a mistake but no real harm is inflicted (say, when a person imprisoned for life is wrongfully convicted soon afterwards of a minor motoring offence). It is therefore argued that the State itself should avoid actions or processes which might damage the integrity of the system. Consistent with this concern, lawyers, whether acting for prosecution or defence, are reminded that they are not the ciphers of their clients but owe duties of integrity to the system.

In summary, there are four points to infer from the definitions of miscarriages adopted in this chapter.

1. Firstly, the meaning is not confined to miscarriages in court or in the penal system. Miscarriages can arise on the street when the police unjustly exercise their coercive powers, as may be increasingly the case if the rationale of criminal justice is switched from conviction to surveillance.
2. Secondly, miscarriages can be institutionalized within laws as well as ensue from failures in the application of laws.
3. Thirdly, a miscarriage of justice must involve a shortcoming for which there is a degree of State responsibility. In these days of private security services and prisons and other forms of hollowing out of government, it is not essential that an official agency was involved in the proximate cause of the miscarriage so long as the function leading to the miscarriage was of a public nature and sanctioned by the State. But deceit, neglect or violence by private persons or bodies may inflict gross hardship and unfairness yet are not necessarily attributable to any deficiency in the criminal justice system. We do not normally assign the phrase miscarriage of justice to a breach of contract or a trespass - unless a public agency was to blame or the State failed to offer any system for resolution or redress.
4. The fourth point is to reiterate what was asserted at the outset: justice and failures of justice should primarily be defined with respect to rights. This last claim will now be explored further, but, if substantiated, will imply a strong duty on the part of the State to be vigilant about miscarriages and to be willing to rectify them, even if at some cost to aggregate happiness and traditions of utilitarian calculus.
    

The best way to keep your legal problems from becoming destructive and expensive is to start with reliable information. Legal services help line has been set up to help you to reduce conflict and to keep you out of lawyers offices and out of court. We are here to enlighten you to deal with your legal problem with confidence and maturity.

Ask yourself the following questions

1. Isn't there some good way to get through it easier and cheaper?
2. What can put you in control and make your legal problem smoother, cheaper, faster, less aggravating and less painful?
3. When, why and how to approach lawyer?
4. What to ask your lawyer?
5. Why one shouldn't go off to a lawyer without any information or preparation?
6. Want to know what happens when you go into a lawyers office and you don't know anything?
7. How to know what should you ask your lawyer?
8. How to gain your lawyer's respect?
9. How to control the legal gain to your advantage?

Few points you should ask a lawyer

1. Ask your lawyer his experience in this field
2. Ask him whether he handled matters similar to yours.
3. What could be the possible out come of your case.
4. Whether you have any alternatives in solving the matter.
5. How long could it take to solve the matter.
6. Ask him about his fees. What could be the total expenses
7. How will he keep you informed of the progress of your case.
8. Ask him what kind of approach will he take to solve the matter.
9. Who else will work in your matter.

What are The professional obligations of a lawyer

Are your discussions with your lawyer confidential?

What is Contempt of Court?

• the doing of any act which scandalizes or tends to scandalize the authority of any Court;
• the doing of any act which lowers or tends to lower the authority of any Court;
• the doing of any act which prejudices or interferes or tends to interfere with the due course of any judicial proceeding;
• the doing of any act which interferes or tends to interfere with the administration of justice in any other manner;
• the doing of any act which obstructs or tends to obstruct the administration of justice in any other manner.

Under the Act, Court would mean to include Tribunal, if such Tribunal is entrusted with judicial functions. However arbitrators cannot be brought within the scope of the word 'Court' and cannot be held to be 'Court', unless such arbitrators are appointed through the Court.

However the following cannot be held to be contempt:

• innocent publication and distribution of matter; 
• fair and accurate report of judicial proceedings;
• statements made in good faith, concerning the Presiding Officer of any subordinate Court (Court subordinate to the High Court) to any other subordinate Court or to the High Court;
• in certain cases, publication of information relating to proceedings in chambers or in camera.
   

Few tips to bounce back from bankruptcy

1. We spend most of our time and energy worrying about and talking about our money problems. This is where you will find most of us complaining I' am not going to have enough money to.
2. The next step is to elevate our thinking by setting goals for our self. This second category is where we spend most of our time saying things like I want to achieve this goal I have set, but I have this money problems
3. The next category is where we say things like I have this goal, and it may be very tiny goal, but it is my goal and this is my next step I am going to take to make this goal a reality. This is where we want you to be if you are already there congratulations

If not follow the following tips

1. Release things that take up space in your life
2. Pay what you can
3. Release people from what you owe them
4. See the highest good for everyone
5. Give thanks for your debts
6. Don't brag about your plans
7. Pride shouldn't stand in the way of your prosperity
8. Be patient with your self
9. Learn from your experience

How to change your lawyer

First Information Report (FIR)