In your opinion, can a criminal trial be fair if witnesses are granted Essay

In your opinion, can a criminal trial be fair if witnesses are granted anonymity - Essay Example Anonymity is considered as one of the most sensitive and controversial issues related with the criminal justice. The laws related with the anonymity of the witnesses have been developed under the common law and there has been a large standing principal that the defendant to be confronted with his accuser in the court of law. (The Crown Prosecution Service) The case of R Davis however, brought forward new challenges when it was decided by the House of Lords that the anonymity of the witnesses may render the overall trial as unfair. This case is considered as one of the leading examples of ignoring the achievement of a delicate balance between the rights and responsibilities of different parties involved in any given case. (Kerrigan and Stockdale). This paper will attempt to discuss whether a trial can be fair if witnesses are given the choice of anonymity? The Case of R Davis In order to discuss the argument of whether a trial can be fair, it is important to discuss the case of R Davi s as this case is considered as one of the leading cases establishing the legal position for the anonymity of the witnesses and the fairness of the trial. R Davis was accused of committing double murders in London and after hiding for some time in US on false passport, he was extradited to UK. He maintained that he left the party before actual shooting took place and he has been fixed in this by his Ex- partner. The Crown’s investigation included witnesses in this case who were fearful about their security and therefore requested anonymity. After the due investigation, the claims of the witnesses were considered as true and trial judge, in order to ensure the safety of the witnesses as well as to obtain their evidence, allowed the anonymity under which witnesses were allowed to give their evidence against the false names, no information about them was provided to the defence and the natural voice of the witnesses was only heard by the Jury. Subsequently Davis was convicted by the Jury. (Rahman) The House of Lords however, overturned based on the Common Law Principle that the accused has the entitlement to confront with the accusers so that the accused could have cross examined them. Though exceptions were noted such as the case of hearsay however, based on the article 6 of the ECHR, the conviction was overthrown. Fairness of trial and Anonymity of witnesses Article 6 of the European convention deals with the right of having a fair trial and the article (6)(3)(d) outlines the rights of the defendants to examine the witnesses. In case of Davis, the court convicted him because of making a delicate balance between the rights of the accused and the rights of the witnesses can be a difficult task and commented that this may not always be incompatible with the Convention. Article 10 and 11 of the Universal declaration of Human Rights suggest that everyone has the right to fair trail and public hearing by and independent and impartial tribunal in case any crimi nal charges are levied against him. Further, anyone is presumed to be innocent until charges are proven as guilty. Viewed from the perspective of the above legislations and legal principles, it may be clear that the right of fair trial is of absolute importance however, competing interests also need to be taken into consideration when viewing the fairness of a trial and anonymity of the witnesses. In the

32 Short Films About Glenn Gould Movie Review Example | Topics and Well Written Essays - 1000 words

32 Short Films About Glenn Gould - Movie Review Example He travelled and played music in front of the audience till the age of 31 and after that he took retirement. His last performance was in Los Angelesin April 1964.After that he took to recording, broadcasting and writing. It is widely known that he preferred playing his own piano and he once commented, â€Å"it is the best vehicle to express my ideas.† He has acclaimed various awards in his life and the movie made in his honor, i.e. 32 Short Films About Glenn Gould had 8 nominations and 3 wins. He died of a stroke on October 4, 1982, and was laid to rest in Mount Pleasant Cemetery in Toronto, Ontario, Canada(Janet). The mere idea of eccentricity is overrun in this movie as Gould was notoriously famous for not showing up on public performances. It is also said that his last performance at the stage was held when he was 31 years of age and more surprisingly, this event was held without disclosing the fact that this is going to be the last stage performance by him. It is not hard to imagine the reason why he disliked this idea and why he ventured into recording and broadcasting(Janet). The obvious reason for not showing up in public anymore is given in this movie and it says that he did not like the idea that some people had better seats and hence they could have a better view than the rest. This leads to the conclusion, that only some of the people could enjoy, while the rest enjoyed because they had paid for it. In the movie 32 Short Films About Glenn Gould, the director, Francois Girard, has broken a tradition of making movies on celebrities(Janet). Previously, such films were made as fiction and certain events were added to make it appear the film to be realistic. However, this film involves each detail that actually happened and much effort has been divested to arrange concerts, costumes, Gould’s all important family members and his tutor’s appearance; all have been noted down with extreme dexterity. In short, this movie can act as a true biography of the life of Glenn Gould. Gould had a habit of wetting his hands in warm water before performing and it has been noted that doing this gave him more confidence and comfort while playing piano. Adding to the eccentricities, he is seldom portrayed as wearing a coat even in blistering summers and that later came to be known as his signature appearance. Among his other eccentricities, he developed a habit of talking to his friends and family over a long period of time on the telephone while he seldom had a one to one conversation with them. Though, he had quit live performances, he still travelled a lot and composed music in various lodges and hotels. In fact he is one of the few pianists who have left behind a legacy of hundreds of recordings of his music. From the above two examples from his daily life, we come to know that he was an introvert yet an entertainer. Though, he refrained from company, as he withdrew from public audience and then his friends too, yet he found o ut a way to entertain people through his music. His fame was such that his performance of the Bach’s Goldberg Variations has left board on Voyager One on the solar system. Through these examples, we as audience see that Gould was a man of talent and someone who was so passionate about his music that he composed till he died(Janet). The character of Glenn Gould has been taken up by Colm Feore. Throughout the movie he is portrayed as a man in various stages of his life, from the very beginning till the very end. The pianist is shown as a calm and a poised man who is intent upon hearing upon each and every single voice uttered. There are various scenes in the movie which show that Gould is sitting in a