Thursday, July 12, 2007

Comparative Hammurabi and Magna Carta on Criminal law

Hi my name is thol ravy student in class Human Right this is my opinion in the code of law about Hammurabi and Magna Carta
In Hammurabi is code focus on king right to do anything so if one accuse another with capital offense, but can not prove the charge , the accuse will be kill. At that time it is code of Hammurabi mean according to article 3 said that “If anyone bring an accusation of any crime before elder, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. Mean if we can not prove the charged we can not accuse someone. Accuse or punish another base on evidence or witness. It is good code because if we do not have this code to rule everybody easy to get accuse without reason from another that make us lost a lot of time and difficult to judge so if someone want to accuse another must have prove for judge .

other case if judge decide in a case and later if turns out that he was wrong ,he will have to pay twelve time as much as he set for the accuse and will never be allow to judge anymore according to article 5 said that If a judge try a case, reach a decision ,and present his judgment in writing , if later error shall appear in his decisions, and it be through his own fault, then he shall pay twelve time the fine set by him in the case. And he shall be publicly remove from judge’s bench and never again shall he sit there to render judgment, mean judge must be carefully in decision what is right or wrong so before judge something must be investigate to fine evidence or prove to accuse, and judge must be has skillful and neutral so it is justice.

If one steals the son of another, he will be killed and buried at the breach relate to article 6 of Hammurabi said if any one steal the property of a temple or the court, he shall be put to death and also the one who receive the stolen thing from him shall be put to death so it is important and good law because if we arrest someone who stolen our property with evidence or we have witness we should follow article 6 because we have enough reason to punish person who do illegal action also punish person who relate with robber like who get benefit from robber also punish as robber if we have enough evidence or real situation.

Magna Carta is code of great charter of freedom that led the rule of constitution law and it is limit power of king and focus on liberties.
#38 In future no official shall place a man on trial upon his own unsupported statement, without producing credible witness to the truth of it mean all official judge must have a skill to judge anything or show enough reason for supported statement that can make us believable so judge can not decision what right or wrong without evidence or witness ont only base on unsupported statement.
#39 No free man shall be seized or imprisoned ,or stripped of his right or possessions, or outlawed or exiled, or deprive of his standing in any other way, nor will we proceed with force again him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. It can show that every body has equal right in society if we do not have illegal action or do effect to society so one can deprive our right we have the same right to do anything what we want that under the law of state.

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