This is a pivotal part in terms of maintain the functioning of society and to ensure that people don’t go around breaking laws wherever and whenever they want. The criminal justice system is therefore a central part of society and without is society would quickly deteriorate into chaos. There are however a number of issues in the criminal justice system. Some of these issues include false convictions and bias within the courtroom. The tutorial discussion this week was essentially discussing how the system operates and some of the flaws within the system such as false convictions which come about through human error or in extreme cases racial bias (Alberto F. Alesina, Eliana La Ferrara, 2011).
Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
It is the responsibility of the judge to oversee all that goes on within the courtroom and ensure that rights are not violated as well as rule on each case that is put before them. The defense attorneys, prosecuting attorneys, and the public defenders, help paint a picture if you will for the judge of what happened. The judge then interprets the information he or she is given to determine guilt or innocence without bias ensuring that the accused receives a fair trial. The role of the Prosecutor is to
A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases. Also it can help a prosecutor because then don’t have go through a trial if they have a lot of other cases. A plea bargain can also help a prosecutor because if the defendant takes the deal it shows that they are taking responsibility for the crime. When it comes to the defendant a plea bargain can help by the defendant could get a lesser sentence if they plead guilty to the crime the committed. Also it can help the defendant by not making them sit though a trial.
Two Models/Criminal Process Ashley Lawrence CJA/364 June 8,2013 Mathew Taylor Two Models/Criminal Process Two models within the criminal justice system play very important roles. One may say that within the political world the two models may even conflict with each other. Crime control model may be more liberal focusing on society and crime, which as for due process is to focus more on a fair opportunity for the one that is accused and many see it as conservative. The 4th, 5th, 6th, and fourteenth amendment all play important roles within the due process model, and the criminal justice system, to make sure everyone is given a fare trial. Due process occurs when fare treatment is given throughout the judicial system.
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.
Plea Bargains Andrea Dennis-Hart September 23, 2009 Tony Stroud A plea bargain according to Black’s Law Dictionary is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge (Black, 1991, p. 798). Many plea bargains need to get the approval of the court, but some may not be; this is when prosecutors may drop charges in exchange for a guilty plea. There are different forms of plea bargains. All involves some form of sentence reduction.
This is also a system of check and balance that hopefully will contribute to a fair trial. Peremptory challenges are challenges that are allowed by the court to the attorneys which give them the power to eliminate a juror for no reason at all with only two exceptions race or gender. Opening Statements Each lawyer outlines the main points of the case to the jury, putting the best interpretation on the case. Both in voir dire and in opening statements, lawyers also try to make good personal impressions on jurors. (Zalman,
Assignment: Exclusionary Rule Editorial ADJ/255 Contemporary Issues In Criminal Justice The exclusionary rule is an important factor, when it comes to the Fourth Amendment and law enforcement. It has been around for a long time and it serves as an important purpose to the justice system. The exclusionary rule works for the defendants being prosecuted and it one of the benefits they have. Even though it is a benefit there are times, when others try and find ways around it, which violates the defendant’s Fourth Amendment. I personally am in favor of the exclusionary rule and believe it should be enforced because it not right for defendant’s rights to be ignored and dismissed.
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.