Introduction From the genesis of the modern state, the prosecution of an accused person has been the preserve of the State and not the victim or complainant. This is because crime is considered a wrong or injury against the State as a whole.[1] Thus, complainants have over the centuries played no other role than making a … Continue reading Complainants and the Criminal Justice System
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Legal Position of Independent Witnesses in Ghana
The right to fair trial is a fundamental human right recognized in all democracies and entrenched in the 1992 Constitution of Ghana. A key component of fair trial is the right against self-incrimination. This principle is applied in two situations: during interrogation by the police and in the course of a trial. In the former scenario, … Continue reading Legal Position of Independent Witnesses in Ghana
Application for Bail on Medical Grounds in Ghana
There have been several bail applications I have dealt with where averments in the supporting affidavit have been centered on the ill health of the accused person or convict. Some have gone further to attach medical reports proving the alleged condition. These applications are mostly granted although the reasons given in the rulings are not … Continue reading Application for Bail on Medical Grounds in Ghana
Legal Traditions of the World and Ghana’s Legal Heritage
I was inspired to publish this simple piece because I caught myself repeatedly telling my international colleagues that Ghana is a common law country. This is a popular misconception because of our colonial heritage, because in actual fact, Ghana practices a mixed legal system. Let me explain:Law is not only a system of rules but … Continue reading Legal Traditions of the World and Ghana’s Legal Heritage