The Rights of the Accused

Transcription

1 The Rights of the Accused Abeer Shahid Doctor Terrance Freeman Pre-AP English II 20 January 2016

2 Shahid-1 On a warm, sunny afternoon in 2015, my parents gathered around the television in our family room to watch the Saudi news. As Saudi nationals, they liked to keep up with the news in their home town. What was routine for them was rare for me. I joined them that day out of boredom. I remember one news story in particular. A blogger by the name Raif Badawi was arrested for creating a website called Free Saudi Liberals in The news story was talking about the harsh punishment Badawi had been sentenced to; 1,000 lashes and ten years in prison plus a fine. Hearing about the harsh punishment was shocking to me. It made me realize how different the rights of the accused in Saudi Arabia were compared to the United States. What Americans considered basic rights are unheard of in Saudi Arabia. One of the basic rights in the United States is the freedom of speech. What Badawi did was exercise that right in a country that does not recognize it. Badawi had sought to create a website meant for friendly debate about religion. The government of Saudi Arabia saw that as an insult towards Islam instead. In Saudi Arabia, the legal system is based on the Quran, the holy book of Islam. According to Law of Criminal Procedure, Article one, "Courts shall apply Shari'ah principles, as derived from the Qur'an and Sunnah (Traditions of Prophet Muhammad peace be upon him) to cases brought before them." In the United States, the legal system is a democracy. The opinions of the public are taken into consideration whereas in Saudi Arabia, legal matters rely heavily on what the Quran dictates. I left the living room immediately when the news channel stmied to show Badawi' s harsh punishment being can-ied out. I did not understand why his punishment was so severe neither did

3 Shahid-2 I want to witness it. I later learned that much of the punishments carried out in Saudi Arabia were also lessons for the community. According to "The Rights of the Accused in Saudi Criminal Procedure" by Jeffrey Walker,"... a criminal is as much a disgrace to the community as he is to himself' (19). By canying out these strict punishments, the legal system seeks to teach the country that actions like these will not be tolerated. In the United States, punishments such as flogging are considered cruel and unusual which violates the eighth amendment. In Saudi Arabia, flogging is not unusual or uncommon. Punishments such as adultery or false testimonials can result in flogging. Many of these floggings take place in public places filled with spectators. The United States also gives their citizens freedom of religion. In contrast, citizens of Saudi Arabia must be Muslim. Separation of church and state does not exist in Saudi Arabia. Renouncing Islam (apostasy) can lead to a death sentence in Saudi Arabia. In the United States, the accused have the right to an attorney under the sixth amendment. According to Walker,"... in Shari'a... "a criminal defendant is not pe1mitted to transfer the responsibility for his defense to an attorney" (15). The accused have to defend themselves in court. There is also "no right to counsel in any pre-trial proceedings" (15) The United States govermnent and the Saudi Arabian government seem to be on completely different spectrums but they have some similarities. For example, both governments recognize that the accuser is innocent until proven guilty. Another is that the accused is treated equally in court regardless of social status. Both govermnents seek justice but in their own different ways.

4 Shahid-3 Ever since that day in 2015, I have looked at the news in a different way. I can't help but notice the drastic differences between the two countries. I join my parents more often now that I understand the two governments. The harsh punishments don't come as a shock to me anymore.

5 Shahid-4 Work Cited "About RaifBadawi- RaifBadawi." About Raif Badawi - Raif Badawi. Web. 20 Jan "Bill of Rights - Bill of Rights Institute." Bill of Rights Institute. Web. 20 Jan "Law of Criminal Procedure - Saudi Arabia." Law of Criminal Procedure - Saudi Arabia. Web. 20 Jan Jeffrey K. Walker, The Rights of the Accused in Saudi Criminal Procedure, 15 Loy. L.A. Int'l & Comp. L. Rev. 863 (1993). 20 Jan