All these are exceptions of the exclusionary rule do have good points. I do think that these exceptions should be allowed only if they are used correctly. These exceptions are not fully going against the person’s rights, but they are on the boarder of possible doing so. Even though I am for the exclusionary rule and the Fourth Amendment, these exceptions serve as a purpose and I believe they should be allowed. It may be hard for people to understand, but I believe that these exceptions are not abusing the system or the defendant’s
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Sparing the innocent victims who would be spared, ex hypothesi, by the nonexecution of murderers would be more important to me than the execution, however just, of murderers. But although there is a lively discussion of the subject, no serious evidence exists to support the hypothesis that executions produce a higher murder rate. Cf. Phillips, The Deterrent Effect of Capital Punishment: New Evidence on an Old Controversy, 86 AM. J. SOC.
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
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Homicide is murder but not all homicides are illegal some are considered justified homicide an example of justified homicide is when its done as an act of self defense. Homicide is a heinous crime that is very serious and will result in going to jail for a long time.This is what homicide is. Scenario Two: What is the most serious offense Lori can be convicted of? Explain. Lori committed a controversial crime that many people believe was the right call to make but a crime is a crime you can’t break the law just because you don't like it and in this paragraph i will explain to you what law Lori will most likely be charged for.
The difference here is that excusable homicide is when someone never intended to kill and justifiable homicide there was the intent to kill but it was justifiable. When one proves a homicide has been committed then it is the responsibility of the investigator to identify the victim. This can be done most easily by asking family and friends or by simply finding identification on the victim. There are also several other ways that one can identify a victim these included but are not limited to; fingerprints, DNA, dental and skeletal studies, clothing and laundry marks, and missing persons files. Several good indicators of a homicide are no GSR or gun shot residue on victim, angle and location that rules out self infliction, shot through clothing, and no weapon present.
Both sides have been pretty stubborn in their views, the reason why we haven’t reached a decision as a whole. The supporters generally state the pros fairly similarly. They usually include the fact that public executions of criminals would serve as a viable crime deterrent. The logic behind this seems solid, as it would definitely keep those who maybe have a crime in mind or the potential for one from doing so, and thinking twice. Of course it wouldn’t completely stop the crimes, they will always happen.
In this aspect justice has not been achieved for other victims of sexual assault. Identity was an issue in the trial. The judges found the experiment was a miscarriage of justice. "In our view there must, regrettably, be a new trial because of this ground," the judges said. Because the judges decided that a retrial was appropriate in this situation it showed that it was not only a fair judgment but also was not bias to any side which showed that the justice system operates
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.