An Analytical Study of Pre-Trial Processes in Speedy Disposal of Cases in the Criminal Justice System of Malaysia
DOI:
https://doi.org/10.6000/1929-4409.2020.09.02Keywords:
Pre-trial processes, criminal justice, speedy disposal of cases, delay, MalaysiaAbstract
This paper is an attempt to analyse the role of pre-trial processes in the criminal justice system in Malaysia as far as the speedy justice is concerned. Before 2010, Malaysia faced a huge backlog of criminal cases in the court; however, it made amendments in the code of criminal procedure and introduced the pre-trial processes in the criminal justice system of Malaysia to resolve the huge backlog and to promote the speedy trial. The researcher in this research has determined and explored that how pre-trial processes work in the way of disposal of criminal justice, and how it has reduced the huge backlog of criminal cases from the courts. The researcher has explained many case laws, provisions of criminal procedure code and described the opinions of judges and legal entities in Malaysia.
References
Abdul Rahim, A.D. (2011). Do we have a New Criminal Procedure Code? The Malaysian Bar.
Afzan, M. “The Case for plea bargaining in Malaysia”, Jurisdiction Updates, at www.inhousecommunity.com
Akram, Dr.M. (2005). Plea Bargaining: The Underlying Rationale and The Malaysian Experience.
Alagan, S. (2010). Importing The Concept of Plea Bargaining Into the Criminal Procedure Code In Malaysia, [2010] 5 CLJ.
Annual Report Malaysian Prisons 2000-2018 https://www.prisonstudies.org/country/malaysia
Garner, B. A. (2004). Black's Law Dictionary, 1190.
Gilligan, J. (2012). Punishment Fails. Rehabilitation Works. The New York Times.
Annual Report. (2010). Human Rights Commission Malaysia http://www.suhakam.org.my/wp-content/uploads/2013/11/AR2010-BI.pdf
Jefferson, M. (2006). Criminal Law, 7th edition (Pearson, 2006), at p521.
Majid, E. (2017) Judicial Reform Initiative has Cleared Criminal, Civil Case Backlog: Chief Justice, the New Straits Times.
McDowell, P. (2012). Longer Prison Sentences are not the Way to Cut Crime, the Guardian.
Northwestern University, School of Law, Managing Editor, United States of America, Williams and Wilkins Co, and United States of America. Speedy Trial. Journal Of Criminal Law And Criminology 68, no. 4 (1977): 543-554. https://doi.org/10.2307/1142416 DOI: https://doi.org/10.2307/1142416
Opening Speech by The Rt Hon Chief Judge Of The High Court Of Malaya, Tan Sri Dato' Seri Zulkefli Bin Ahmad Makinudin, “Criminal Law: Now and The Future” Auditorium Tun Mohd Suffian University Malaya 17 April 2015 [2015] 3 MLJ
Sidhu, B.S. (2011). Criminal Litigation Process, 2nd ed., (Petaling Jaya: Thomson Reuters Malaysia, 2011), at p300.
Steinberg, M.I. (1975). Right to Speedy Trial: The Constitutional Right and Its Applicability to the Speedy Trial Act of 1974. J. Crim. L. & Criminology 66 (1975): 229. https://doi.org/10.2307/1142732 DOI: https://doi.org/10.2307/1142732
Tariq, Q. (2014). CJ: Disposal of Backlog Cases ‘Largely Encouraging’ published at The Star online.
The Criminal Procedure Code (Amendment) Act. 2012 (Act No. 593 of 2012) (Malaysia)
The Malaysian Bar. (2016). Effective Case Management: Perspectives from the Bench and the Bar.
United States. (2018). The Judicial Branch of California, Before the Trial.
Wesley, J. (2013). “Shocking and Unforgivable Court Delays Cause More Crimes, Minister Says” the Telegraph.
Zakaria, Right Honourable T. A. (2016). the Malaysian Judiciary Yearbook. (Malaysia: the Malaysian Judiciary, 2016).
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2020 International Journal of Criminology and Sociology
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Policy for Journals/Articles with Open Access
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
Policy for Journals / Manuscript with Paid Access
Authors who publish with this journal agree to the following terms:
- Publisher retain copyright .
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work .
