Constitutional and Administrative Law

LAW 1910 - Introduction to Constitutional and Administrative Law

 

2nd Assignment

 

 

Following a riot, a number of prisoners at Coby Prison were subjected to a variety of sanctions as punishment for their involvement.

 

James, Jim and John appeared before the Visiting Justices including the Director of the prison, (who has the charge of the day to day running prison), accused of assaulting a prison guard.   James is allowed to cross examine the prison guards concerning his role in the riot.  However the Justices did not allow him to call his fellow inmates to testify in his defense on the grounds that their testimony cannot be reliable.

 

Jim is not allowed to cross examine the guards or call witnesses as the Justices have seen a television replay showing Jim punching a guard.  In the Justices` view there is nothing to be said in Jim defense. 

 

Neither James nor Jim was allowed legal representation during the inquiry.  Both prisoners received punishment of the loss of one year remission of their sentences. In respect to all three prisoners, the Justices issued a statement to the effect that "we have incontrovertible evidence that the three prisoners are guilty of the offences charged."

 

Additionally the Prison Director decided to withdraw 6 months remission from Paul and Peter for failing to assist prison officers to restore order during the riot.  Paul and Peter are permitted to speak for one minute in mitigation of their punishment but not to challenge the assumption that they are guilty.

 

 

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