Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

This research analyses the rights of an accused person stipulated in the 1995 Constitution of Uganda (as amended), Statutes of the Parliament and the Ratified International Instruments. The research also focuses on how the constitutional rights of an accused person have been observed in the Ugandan criminal justice system. The research covers the journey from the time of arrest to the time of either conviction or acquittal. “Never judge someone's character based on the words of another. Instead, study the motives behind the words of the person casting the bad judgment. An honest woman can sell tangerines all day and remain a good person until she dies, but there will always be naysayers who will try to convince you otherwise. Perhaps this woman did not give them something for free, or at a discount. Perhaps too, that she refused to stand with them when they were wrong — or just stood up for something she felt was right. And also, it could be that some bitter women are envious of her, or that she rejected the advances of some very proud men. Always trust your heart. If the Creator stood before a million men with the light of a million lamps, only a few would truly see him because truth is already alive in their hearts. Truth can only be seen by those with truth in them. He who does not have Truth in his heart, will always be blind to her.” ― Suzy Kassem, Rise Up and Salute the Sun: The Writings of Suzy Kassem

Of late, it has become a fashion to talk of rights, rights and only rights by every strata of human thinking. But there is a need to peruse much deep into and beyond the labyrinth of rights. Therefore, in a welter of rights, the rights of an accused form a kernel of entire human rights discourse at the infancial beginning of 21st century. Rights of the accused and transgression thereof are pervading all the geo-political entity jurisdiction ever since the inception of human habitation on this beautiful planet. No doubt there have been certain jurisdictions wherein the rights of accused have been preserved, promoted and protected. All the revealed regimes and divine discourses have been utopian, unanimous and united on the basic rights of an accused. As early as in 1215, Magna Carta under Section 37 had provided a brolly of protection of an accused regarding his rights and against any arbitrary arrest, detention and confinement contrary to the procedure established by law. The expression 'Human Rights' denotes all those rights, which are inherent in our nature without which we cannot live as human beings. Among all species of human rights, right to life receives precedence and is a sine qua non for the enjoyment of other rights - which only supplements and extends the complete meaning and content to the right to life. In the event of any invasion to this right, other rights-which are subsidiary to this right becomes meaningless, since the entire edifice of human rights jurisprudence is raised on the bedrock of right to life. Human rights are neither privileges nor gifts given at the whim of a ruler or a government. Neither can they be taken away by any arbitrary power. They cannot be denied nor can they be forfeited because an individual has committed an offence or broken any law. If we look at the concept of human rights from the Indian point of view we find that the concept of human rights is not alien to the Indian Political thinkers and philosophers. They have expressed concern to secure human rights and fundamental freedoms for all human beings everywhere since the very early times of Vedic age. The Indian philosophy characterizes the foundation of Human rights in ancient conception of Dharma and Danda which regulated the governance of State and its citizens.

The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor "Mireille Delmas-Marty" teaches at l'Universite de Paris I - Pantheon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of "The European Convention" "for the Protection of Human Rights, International Protection versus" "National Restrictions" (Martinus Nijhoff Publishers, 1992.)