Due Process Abstract This paper will discuss the concept of Due Process and how it affects the criminal justice system. In addition, the reader will also gain knowledge of how the adversarial system works. Also the rights of the accused and the process after a crime has been committed through post-arrest procedures will also be discussed in detail. Due process is envisioned to provide citizens of the United States with protection from government infringement on legal rights to life, liberty, and property without due process of law. The government cannot deny a defendant convicted of a capital crime of his or her life before the appeals process has been depleted.
Conclusion Prosecutors, defense attorneys, criminals, and victims are placed together to deal with a given crime. Victimization concerns each position in different ways and must be individually considered. The goals of sentencing differ somewhat between each position. Alternative sanctions are often recognized when a criminal offender is sentenced. Ongoing assessments of victims' rights and the continousl improvement of such are imperative.
Another benefit would also be having a first- hand account of what an individual who could give testimony of what was seen or experienced. Basic human error, biased opinions, and emotions are some of the disadvantages to eyewitness testimonies. Another disadvantage is how line-ups are being conducted; but the worst disadvantage is the difficulty of witnesses trying to identify perpetrators from other ethnic groups or races. Our view and reliability on the criminal justice system is constantly in a state of change. To what extent will these changes reshape our government and laws?
The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise. The Due Process Model allows for a defendant to bring about any claims in their
It's the defense attorney's role to try to get the charges reduced as much as possible. If the defendant has a substance problem, try to get treatment as part of the sentencing. Basically to do whatever you can to help the client overcome these criminal
As discussed within this paper the vast amount of studies and research surrounding the 'legal' causes of miscarriages of justice are just simply being reinvented. This will not eradicate the problem, it just highlights the need, to expand on the existing tactics, in order to accomplish a deeper understanding, of the causal factors of miscarriage of justice cases. There is also a need to search for the truth, and as all evidence has the ability to become contaminated, the CPS should acknowledge, that there is possibility, for eyewitness evidence to be contaminated also. It is essential to develop a criminology of miscarriages of justice in order to gain an in depth understanding of the root causes in order
People deserve a reasonable trial for instances, there are individuals who are accused of crimes he or she have not committed. Whereas, certain people have committed crimes that are found not guilty for the simple fact one has the money to hire a high-class lawyer. The situations concerning these accusations tend to protect others that can afford to be represented financially the ones who cannot manage to pay for high-class lawyers settle for court appointed attorneys. “Although appellate courts rule that improper statements made by prosecutors do not render sentencing proceedings unfair, some judges express concern that the error may not be harmless” (Edwards, 1995). This action should be carefully view by higher authorities in making sure that justice is served correctly and
For example, if the accused admits to the crime or if there is proof positive that the accused committed the crime, they should waive the right to an appeal. By doing this, some of case load could be reduced. Another idea I feel would contribute to lowering the case load and assist in expediting the appeals process is to require all lawyers to participate in reviewing cases for appeal in the appellate court system as part of their continuing education. By doing this, the case load could be reduced, and the system would be
After all, it is he or she whose alleged conduct is under scrutiny by the court, and who is facing the possibility of punishment, including in some cases, the loss of liberty. Because conviction can carry such serious consequences, most commentators agree that it is more important to avoid the wrongful conviction of the innocent than the wrongful acquittal of the guilty. The need to avoid wrongful convictions requires the criminal justice system to assume that the accused is innocent until found guilty, and to
In a criminal trial , pleading guilty ``by reason of insanity ' is one possible defense by which the egregiousness of the criminal actions having been committed may indeed become mitigated , indeed , sometimes ,even exonerated completely when time comes for sentencing . ``Not Guilty by Reason of Insanity (NGRI ) is a defense whereby the accused argue that they are not culpable for breaking the law, as they were mentally ill or suffered from some other aberrant diminished mental capacity at the time of the crime’s commission. Common examples of what could plausibly produce diminished mental capacity within persons would include, but by no means be limited to, psychotic breaks, mental breakdowns (nervous collapse, schizophrenic psychosis,