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.
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).
The 15 marker for crime was by far the one that threw everyone off, including myself. "Explain the tension between community interests and individual rights and freedoms within the criminal justice system." My argument was a little weak but I talked about; -police powers and their investigation process - also how inadmissible evidence of DNA could hinder ones freedoms (I used a statistic) and also how police may abuse their discretionary powers - eg. keep the accused in interrogation for more than 4 hrs without the court-approved extension of 8 hrs -also the criminal trial process - the perceived success of the adversary system where both parties present their oral arguments - but still the fact that the individual is deprived of inequity of distribution of skills, resources and knowledges - I underpinned my contemporary case R v.
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.
The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system. On the other hand the due process model is more concerned with the structure and the efficiency of the law. The due process focuses on evidences and facts in a case and ensures that a person in innocent until proven guilty in the court of law. In addition the due process model goal is the prevention and the elimination of crimes within the criminal justice
The criminal justice system relies heavily on eyewitness identification for investigating and prosecuting crimes in that, it may be the only evidence present for identifying criminals in certain cases (Wells & Olson, 2002). The strong weight given to eye witness identifications is nonetheless a matter of concern as it eye witness identifications have been demonstrated to be flawed, even when witness confidence is high. Experience has shown that the convincing and sincere witness can often be mistaken. Memon (2008) explains where eye-witness testimonies have been greatly unreliable; where Jean Charles de Menezes was shot by police as a result of mistaken identity. According to eye-witnesses he was described as suspicious, jumped over a ticket barrier and was wearing a wearing a bulky jack supposedly concealing a device.
In some states, the individual must be convicted of two serious felonies for the three strikes law to apply, while in others any felonies count towards the third strike. Critics of the three strike law express many strong arguments against their harsh legal statute. Our society has ultimately had an issue with the three strikes law. Some people have said that the law “destroys the flexibility of the courts and the judge, it is unjust in certain conditions, and it adds more criminals to an already crowded and expensive criminal system”
Eyewitness Testimony Lauren Thomas Student I.D 13089254 Australian Criminal Justice System 4th November 2009 Terry Goldsworth Word Count [pic] Introduction The argument as to whether or not eye-witnesses should impact as much as they do on the criminal justice system has been heavily analysed, criticised and argued over many years and is still in question today. This report is going to discuss the benefits and limitations that eye witnesses have and whether a person’s life should depend on the word of another. The issues raised between sociologists, criminologists and psychologists are very important as they state the problems eye-witnesses bring to cases that may decide between imprisonment or freedom. They argue that someone’s
A civil case is when the plaintiff decides to sue another person, organization, or a business, the individual being sued is also called the defendant. In a criminal case, the crime is based on offenses against the state, with the prosecutor charging the suspect for the crime and not the actual victim charging the suspect. (The Differences between a Criminal Case and a Civil Case, n.d) Many fundamental distinctions between a civil and criminal case separate them from one another in our court system, which include but are not limited to; the standard of proof required in a criminal case compared to that of a civil case, the terms and forms of punishment, and also whether or not you are entitled to an attorney. “In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.” (The Differences between a Criminal Case and a Civil Case, n.d) A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact is known as standard of proof. (Standard of proof.
Criminal Wrong Doings Jennifer Hyler CRJ 201 Ginger Jarvis July 24, 2011 Criminal Wrong Doings The criminal laws control criminal acts and channel human behaviors. Criminal laws also orchestrate punishments and sentences to the ones who commit wrong doings crimes towards someone’s person or personal property. A criminal law assumes that wrong doings not only damage the surrounding people, but society as well. All violators that commit a crime such as murder or rape must be punished. Criminal laws also have two written laws that are split up into two different categories.