Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties. Social life would be impossible without laws to help control the way people behave, think and treat each other while in public and private locations. Criminal laws were designed to reflect the accepted behavior in a community, such as morals and the criminal act itself, or Mens Rea and Actus Reus. Thus when people break the law and are caught, the accused are provided certain constitutional rights. Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state.
The publicity of the case and the one-sided role of the media caused a majority of people, internationally, to be biased and influenced. This impact then led to numerous problems and difficulties in being treated fairly, such as finding an impartial jury. This factor of having preconceived idea meant that the jury had already decided Lindy Chamberlain’s fate, opposing the justice being “served,” legitimately. Wiping away any chance for Lindy Chamberlain to prove her innocence creates an inevitable outcome. The Chamberlains being judged under a heavily biased jury influenced by the media, therefore shows the maltreatment of the case by the justice system and the society.
We are responsible for noticing and monitoring our own emotions. Right to make sure that opportunities for lawsuits are minimized. (Incorrect) Because the legal process can be both properly used as well as abused, operating from a place of protection is not useful. We cannot guarantee what people will or will not do. Right to expect that processes will be followed.
Eyewitness Testimony Essay There are many factors that contribute to the accuracy of an eyewitness’ testimony in a court case, resulting in the failure of memory. These factors can include the observer’s state of mind, their expectations, their focus of attention at the time, the suddenness and stressfulness of the situation, and differences in the race or age of the witness and the accused. Memory is a selective and constructive process. Old elements of the memory can fade or be lost, while new elements are unconsciously selected and mixed into a recollection until it constructs a completely different story, and the witness it not even aware of the fact. When an onlooker witnesses a crime, the information they take in will first be sent to their sensory memory in its ‘raw’ form.
Criminal Procedure Policy Paper CJA/ 364 Criminal Procedure May 29, 2012 Criminal Procedure Policy Paper The role the criminal justice system plays in society is expansive. Criminal justice is designed to keep the public safe, to stop wrongdoing, to punish wrongdoers, and to provide order to society. Given this broad role there will be times when criminal justice will not perform all roles well. This means, of course, that criminal justice will often fail to meet public expectations. Ultimately, the needs people have for criminal justice mean that they believe the criminal justice system should be designed to pursue goals that fulfill
Labeling a particular crime as special or different does not deter criminals from their true intention. If we place a "special" label on certain types of murder, rape or vandalism we are not preventing the hate that is the motive for such crimes. This is not the true goal of society. Helen Dodge makes a compelling argument to shun the members of such hateful communities in her article "Special Crimes Need Special Laws", when she says that the public should band together against such forces (Dodge 140). However, even she had to admit that these special laws won't deter the criminals who practice these violent acts.
The idea of legal paternalism in ethical reasoning is somewhat of a kind gesture from the Government to try to help individuals from themselves in the assumption that those individuals do not know what is best for them. But, forcing individuals to paternalistic laws in order to protect them is limiting their natural born rights and is unconstitutional. The Government must respect people's choices because respecting individuals choices manifest a respect for them as liberated individuals protected by the constitution of the United States. Government should not interfere with people's personal lives; because
(Popular Misconceptions About the Death Penalty, n.d.). One of the reasons that cause these mistakes is the poor representation in courts (Facts & Figures, n.d). Lot of people who are trialed for the capital punishment cannot pay for their own lawyers and governments have to appoint lawyers for them. In many instances, the appointed lawyers are underpaid and lack the necessary experience for the capital punishment cases. This results in poor representation of convicted people in courts and unfair verdicts.
Therefore, the general will of the people requires that laws be amended to reflect morality and justice. Only through civil disobedience can this be achieved; blindly obeying unjust laws will only enforce unjustified public opinion. Although some argue that the general will of the people can be accurately portrayed by a government entity without
When a law does not seek to understand the circumstances, it is difficult to ascertain if a person is guilty of breaking the law. By flexibility one must not misunderstand that laws enforced will be subject to change depending on who the individual is, rather it will remain same for everyone. But the nature might undergo change subject to the right understanding as to why the law has been over ruled and if the reasoning is a plausible one, to be forgiven. By flexibility, one must not misunderstand that the enforcement of laws will be subject to change depending on who the individual is. The laws will rather remain the same for everyone but the