LLM in Criminal Justice

Permanent URI for this collectionhttps://etd.hu.edu.et/handle/123456789/181

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Start date: 2023End date: 2023

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    TRIAL BY MEDIA THROUGH PREJUDICIAL REPORTING AND ITS IMPACT ON THE ADMINISTRATION OF CRIMINAL JUSTICE AND FAIR TRIAL RIGHTS OF THE ACCUSED
    (2023-10) FUAD ABDUREHIM HUSEIN
    The current era sees a transformation in news publication due to extensive TV, and cable use. This, under the guise of freedom of expression, could prejudice suspects, accused, witnesses, and judges. Consequently, this could impact the administration of justice. This thesis aims to explore the driving forces necessitating a criminal justice administration capable of safeguarding fair trial rights against ‘trial by media’. The concept can be traced back to discussions balancing freedom of speech and expression, as asserted by the media, and the right to a fair trial, as upheld by the judiciary. The study employs a qualitative research approach featuring both doctrinal and non-doctrinal aspects. It examines the Ethiopian criminal justice system’s legal framework, documentary films, press statement analyses, and interviews with legal professionals from the former Southern Nation Nationalities and Peoples Regional State (SNNPRS), Hawassa City High Court. The findings show that the Ethiopian Constitution does not limit freedom of expression and press to administer justice or protect fair trial rights. Moreover, ‘trial by media’ publications are not addressed in the Ethiopian criminal justice system. The Criminal Code of Ethiopia’s contempt of court law is ineffective in mitigating media trials’ impact. Media proclamations lack significant protections for an accused fair trial rights against media trials. Case studies on press statements released by then attorney generals, an analysis of the documentary film entitled Minabawi (illusion), and interviews with legal professionals indicate that trial by media is practiced in the Ethiopian criminal justice system. The researcher concludes, despite existing legal frameworks addressing some issues related to trial by media, the legal frameworks are not resembles adequate and effective in guaranteeing judicial proceedings and fair trial rights of the accused against the influence of trial by media. Therefore, prejudicial reporting by media trials is practiced. Given the legal and practical problems associated with this issue, this thesis proposes potential recommendations, through legislative adjustments and practices.
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    CAUSE OF DELAY IN CRIME INVESTIGATION AND THEIR IMPLICATION ON THE ENFORCEMENT OF THE RIGHT TO SPEEDY TRIAL OF SUSPECT: THE CASE OF BURAYU TOWN, OROMIA NATIONAL REGIONAL STATE
    (2023-10) FIKIRU SHIBIRU TEREFE
    The right to a speedy trial is fundamental constitutional right and the extension of crime investigation beyond a reasonable duration, undermines this principle and adversely impact this right of the accused. While it is unrealistic to expect an overnight resolution of every crime investigation, challenges arise when the actual duration of an investigation far surpasses its expected timeframe. This is when researchers label it as a delay in crime investigation. Accordingly, this research aims to identify the cause of delay in crime investigation and their implication on the enforcement of the right to speedy trial of suspect focusing in Burayu Town. It also seeks to discuss the importance of upholding the constitutional rights of suspects to fair and effective investigations in ensuring the enforcement of the right to a speedy trial. In doing so the case study research design and qualitative research methodology were employed and examines the perspectives of investigative officers, suspect, prosecutor and judges, through interviews and questionnaires to gain a comprehensive understanding of the issue. The findings of the study identified various cause of delay in crime investigation at Burayu town and compromising the enforcement of the suspect's right to a speedy trial. Firstly, the study revealed that personal problems of actors involved in the investigation process, along with institutional and legal factors, played a significant role in causing delays of crime investigation. The finding of the study also revealed the role of promotion of timely evidence gathering, strengthening the defence‟s position, preservation of evidence integrity, investigative officer credibility and public confidence as the importance of upholding the constitutional right of suspect to fair and effective investigation in ensuring the enforcement of the right to speedy trial and underscore the negative implication of investigative delay on the enforcement of right to speedy trial of suspect. Based on the findings, the research recommends some policy interventions to the concerned body to address the identified challenges. By shedding light on the causes of delay in crime investigations and its implication on the right to a speedy trial, this research contributes to the on-going discourse on criminal justice reform and underscores the importance of addressing these issues to uphold the fundamental rights of suspects and promote fair and efficient legal process.
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    WITNESS PROTECTION UNDER ETHIOPIAN LAW: JURISPRUDENCE, CONSTITUTIONALITY AND THE RIGHT TO CONFRONTATION
    (2023-11) BERHANU DEMISSIE FEYISSA
    The general objective of this thesis is seeks to address the rubbing between protecting the wellbeing of witnesses and protecting of accused right to confrontation in Ethiopia criminal justice system. Analysing the existing law of witness protection and the practice were the main theme of this study. The study covers relevant Ethiopian laws and jurisprudence practices in criminal proceedings and also reviews literatures; international covenants and jurisprudence and world classic jurisdiction are highlighting. The author‟s attempt to highlight the necessity and justification of effective witness protection measures, through enactment of a comprehensive law and independent institution on criminal justice dispensation. To this end, under umbrella of qualitative methodology both doctrinal and non- doctrinal legal research approaches have been employed. Both secondary and primary data were collected. Laws and jurisprudence practices via semi-structured interviews were done with 12 federal justice respondents as a primary source. To that end, thesis finding out the loopholes in the existing laws and huge practical gaps between the law and practices of Ethiopia on witness protection and respecting interests of the right to confrontation. It also rejects on why witness protection measures are important for effective functioning of criminal justice system. To that end, the research also found out Ethiopian criminal justice system has not been legitimate limitation grounds with standards of balancing mechanism anonymity witness protection and accused right to confrontation. Regarding the witness protection in Ethiopia, progress is achieved in improving legislation and establishing special program for implementation of witness protection, but still remain many challenges that Ethiopia justice institutions face such as international cooperation and national coordination between justice machineries. Based on these challenges, the researcher recommends for enacting comprehensive and amending of the existing laws on clear legal, procedural and institutional challenges for effective criminal justice system.