Part 1 of this article examined how witnesses may be influenced before and during a police investigation through discussions with other witnesses, family members, social media, news coverage, suggestive questioning and translation. The risk of contamination, however, does not end when the police obtain a witness statement. It may continue when prosecutors meet witnesses to … Continue reading Witness Contamination: When Good Evidence Becomes Unreliable – Part 2
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Witness Contamination: When Good Evidence Becomes Unreliable – Part 1
When people think about unreliable witness evidence, they often imagine a dishonest witness who deliberately lies to investigators, prosecutors or the court. In reality, some problematic witness evidence results from honest mistakes. A witness may genuinely believe that what they are saying is true and yet unknowingly provide inaccurate information. One reason this happens is … Continue reading Witness Contamination: When Good Evidence Becomes Unreliable – Part 1
Theories of Punishment and their Place in Ghana’s Criminal Justice System
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. INTRODUCTION Punishment has always occupied a central place in every criminal justice system. It is the means by which society responds to criminal conduct, condemns unlawful behaviour, protects the public, and seeks to preserve law and order. … Continue reading Theories of Punishment and their Place in Ghana’s Criminal Justice System
Judicial Discretion Under Ghana’s New Community Service Bill
Introduction The passage of the Community Service Bill by Parliament is one of the most significant sentencing reforms in Ghana's criminal justice system in recent decades, comparable in significance to the repeal of the death penalty for certain offences. By introducing community service as an alternative to imprisonment for specified categories of offences, Parliament has … Continue reading Judicial Discretion Under Ghana’s New Community Service Bill
Part 2: What Happens After the Death of an Accused Person? Property, Exhibits and Forfeiture
This article is Part 2 of a three-part series examining what happens when an accused person dies during criminal proceedings. Part 1 explained how criminal proceedings generally come to an end upon the death of an accused person. This article examines a related but distinct question: what happens to property connected to the case after … Continue reading Part 2: What Happens After the Death of an Accused Person? Property, Exhibits and Forfeiture
Understanding Legal Aid in Ghana: Insights from a Legal Aid Practitioner
Access to justice remains a central component of Ghana’s justice system, yet many members of the public have limited understanding of the role played by Legal Aid officers and the challenges involved in providing legal representation to indigent persons. As part of Criminal Law Blog Ghana’s ongoing effort to highlight the work of criminal justice … Continue reading Understanding Legal Aid in Ghana: Insights from a Legal Aid Practitioner
When an Accused Refuses to Plead: Legal Framework and Judicial Response
By: Samuela Amma Boakye-Appiah, Esq. Taking the plea of an accused person is a very important aspect of criminal procedure in Ghana. It can be likened to the effect of a defendant in a civil matter entering appearance to the matter. Even though in civil procedure failing to enter an appearance can lead to a … Continue reading When an Accused Refuses to Plead: Legal Framework and Judicial Response
Emerging Criminal Justice Reforms in Ghana: The Parole System
A fact many people do not know is that the conversation around parole in Ghana has been ongoing for some time. What is important to understand is that the idea of parole for convicted and sentenced prisoners is not foreign to Ghana’s criminal jurisprudence. The 1992 Constitution already makes room for it. Article 208 empowers … Continue reading Emerging Criminal Justice Reforms in Ghana: The Parole System
The Legal Shift in the Role of Complainants and Victims in Ghanaian Criminal Proceedings
Ghana’s criminal process has traditionally been structured around a simple principle: criminal cases are prosecuted in the name of the Republic, not the individual victim. While victims, often referred to as complainants, are central to proving the facts of the case, their legal role has historically been limited. They report the offence, assist the police … Continue reading The Legal Shift in the Role of Complainants and Victims in Ghanaian Criminal Proceedings
Community Service Regimes in Selected Common Law Jurisdictions
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. This article follows an earlier discussion on the interpretive tension between sections 296 and 297 of the Criminal and Other Offences Act, 1960 (Act 29), which revealed a significant doctrinal gap in Ghanaian sentencing … Continue reading Community Service Regimes in Selected Common Law Jurisdictions
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