Faculty Seminar | Designed for Abuse: Special Criminal Laws and Rights of the Accused
Online (Closed Event)
Wednesday, August 25, 2021, 5:00 pm
This Article argues that there exists little legal or penological justification in not treating those offences under the general criminal scheme. Finally, this Article demonstrates that procedural innovations applied under the guise of special statutes, result in further erosion of the rights of the accused persons, and the systemic effects of such laws work to the detriment of the criminal justice system.
The Article examines the various features of special criminal laws in broadly four parts. Part I of this Article looks at the theoretical justification of creating special laws. Part II will examine the procedural innovations developed by special legislations. Part III analyses the role of special legislations in engendering a system of informal plea bargaining. Part IV sheds light on the direct impact that reverse onus clauses in special legislations have on the right of the accused.
The full paper will be made available at a later date.