H/H Bertha Aniagyei

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM – PART 3

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM.  Bertha Aniagyei* PART III  DISADVANTAGES OF THE PRACTICE Despite the various reasons for the prevalence of this debt collector mentality within certain courts, particularly in relation to criminal procedure, it is evident that its disadvantages significantly outweigh its advantages. This practice is detrimental […]

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DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM.  PART 2

Bertha Aniagyei* PART II BEYOND DEBT COLLECTION: DIFFERENTIATION BETWEEN THE INFORMAL DEBT COLLECTION PRACTICE AND SECTION 35 OF THE COURTS ACT AND PLEA BARGAINING IN GHANA. The debt collector procedure as presented in Part I of this paper, bears no resemblance to the legal frameworks that permit an accused individual to make restitution, reparation, or

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DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM. 

Bertha Aniagyei* PART I INTRODUCTION The Reality: Criminal Courts as Debt Collectors.  As legal practitioners and scholars, it is important to recognize a pervasive and troubling practice that has seemingly established itself within the framework of our criminal justice system. This practice pertains to the tendency of courts, particularly lower courts that handle the majority

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Time to Clean House: The Cost of Antiquated Crimes and Why Ghana’s Criminal Code Needs an Overhaul.

A Legislative Reform Brief on Obsolete Offences and Inefficient Punishments in Act 29 Bertha Aniagyei Introduction The motivation for this brief reflection was prompted by the invocation of archaic laws by the current U.S. President, Donald Trump. Laws enacted as early as the 1800s, such as the Alien Enemies Act of 1798, which had remained

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law – Part 4

This is the 3rd Piece of a 4 part series. Part 1 may be obtained here.  Part 2 may be obtained here Part 3 may be obtained here 4.0 CORRUPTION IN THE JUDICIARY Despite the existence of perceptions and evidence of corruption among some judges, many judges maintain a commitment to integrity, actively discouraging bribery

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law – Part 3

This is the 3rd Piece of a 4 part series. Part 1 may be obtained here.  Part 2 may be obtained here 3.0 LAWYERS –  PIVOTAL ELEMENT OF JUSTICE If proverbs serve as the palm oil with which words are eaten, then lawyers function as the engines around which the wheel of justice revolves. Lawyers

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law – Part 2

This is the 2nd Piece of a 4 part series. Part 1 may be obtained here.  Cascading Effect Such factors not only affect the accused individual’s right to a fair trial within a reasonable timeframe but also impact other parties, such as witnesses. When a witness for the prosecution is present in court but the

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law

Bertha Aniagyei* Appreciation* In response to my article on judicial reforms, titled “Strengthening the Rule of Law: The Need for Bold and Inclusive Judicial Reforms,” a thoughtful reader highlighted that the responsibility for certain persistent challenges, particularly the issue of undue delay in adjudication, is a shared one between the judiciary and other stakeholders. I

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INFORMED PLEA OF GUILT AND THE JUDICIAL BURDEN OF ENSURING A FAIR TRIAL

H.H. BERTHA ANIAGYEI CIRCUIT COURT JUDGE The centrality of the right to fair trial, and in particular, the presumption of innocence of an accused person in a criminal trial casts a duty on a court to ensure and satisfy itself that a plea of guilt entered by an accused person is voluntary, well-informed and not

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STRENGTHENING THE RULE OF LAW: THE NEED FOR BOLD AND INCLUSIVE JUDICIAL REFORMS.

Bertha Aniagyei. [1] In recognition of the time constraints faced by many readers, this article will be presented in four segments. The first segment examines public dissatisfaction with the current state of the judiciary, while the second segment explores the persistent challenges that the judiciary encounters, which continue to undermine public trust. It also advocates

STRENGTHENING THE RULE OF LAW: THE NEED FOR BOLD AND INCLUSIVE JUDICIAL REFORMS. Read More »

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