You don’t, because our court system, in theory, in America is supposed to be based upon the idea of “innocent until proven guilty” not “innocent until proven stereotypically likely to have committed the crime”. In the news we often hear discussion of biased trials, or a person who spent their life in prison because of the racial stereotypes which influenced their jury. A stereotype is a perception that people have of a group of people. Stereotypes, plainly speaking, do not belong in our justice system. We hear about negative stereotypes in everyday life.
This exoneration was after he had been locked behind bars for several years. In this case, we can identify how these law practitioners worked on information that was inconclusive. The fact that the little Tim Masters had failed to report that he had found a body as he was heading to school made him to be a key suspect in the murder case. In addition, the fact that many pages of artwork characterized with violence and a collection of knives found in his room also made him a key suspect. The defense counsel failed in its duty of protecting the rights of the innocent.
Another argument against the restorative approach is that it is too soft for some crimes and will it be too hard when applied to less serious crimes? These are the arguments in favor to as well as against the more “just desserts”. When the world is full of crime and it seems like there is nothing that the government can do to protect innocent individuals, restorative approaches are the furthest thing from my mind personally. When crimes are committed against innocent people and they get a simple slap on the risk punishment like ten years in jail with a possibility of parole for accidentally killing someone it disturbs me. For example, here in North Carolina, there was a woman who was clearly out of her mind that decided to give her five year old daughter up for prostitution in order to pay off a drug debt (Netter 2009).
• Are occasional justice failures on the part of the criminal courts an unavoidable part of the justice system? Why or why not? The occasional justice failures are unavoidable because no matter how hard a person tries we are human and will make mistakes. The justice failures are called miscarriages of justice and normally occur when the justice system tries to cut corners and not fully complete an investigation in order to just make a conviction. This can also occur when evidence is tampered with or purposely withheld from an investigation.
Kayla Belue BA 316 March 1, 2012 Module 5 Are Defendants Really Innocent Until Proven Guilty? According to Gary F. Churak of the San Antonio criminal defense attorney offices, defendants are not innocent until proven guilty. In this time people forget that saying and believe just because someone is arrested than they committed that crime. This is why defense attorneys try to not let the media have a good look at this case in fear of persuading the jury. Also the defense will ask for a change of venue to help with juries with believing someone is innocent.
He or she will also face problems when trying to obtain a job. For the reason that they don’t find jobs, he or she will tend to turn to criminal acts for financial gain which will often lead to reincarceration. In my opinion plea bargaining is not fair and it’s corrupt. Especially with people that are guilty and take the plea bargain they don’t received the proper correction. Likewise it is not fair for a person that is innocent and is pressured to plea bargain for the believe that he or she will most likely not be considered not guilty.
Even when prompted to disregard a false statement, the jury is still more likely to vote guilty after the involuntary confession is revealed. A lack of understanding of memory vulnerability will lead jurors and investigators to believe that one would never admit to committing a crime unless he or she is guilty. Furthermore, an overestimate of our own mental strength under pressure makes false confessions incomprehensible. Another way to look at the feelings of jurors towards erroneous confessions is to describe the mindset that may exist among jurors. The task itself is referred to as jury duty, and the jurors may get a sense of superiority over the suspect on
Why did Brooks knowingly lie about what Spradley said? “She had been beaten, and one of her eyes was bloodshot and swollen” (“Justia US Law, 2011) when she came into the police station earlier that year. Brooks may have thought that by making those false statements, it would give justice to what had happened to her, even though he may have been innocent of the charges currently filed against him. The third and final context to consider is criminal justice. This view is that sometimes the criminal justice system fails and non-law-abiding citizens get away with certain acts.
This is when a government agent or a police officer deceives a defendant into wrong doing. Police cannot persuade an innocent person to commit a crime, nor can they coerce a suspect into doing so. The police however can use many different forms of subterfuge to gain information or apprehend a suspect in the criminal act. Excuse defense and justification are used to help understand why the act was committed to help reduce responsibility even though the victim knows they are guilty. It is saying, “Yes I am guilty, but here is why I did it.” It argues that the defendant’s wrongdoing should be excused because he/she lacked the capacity to be held responsible for the crime.
Finally, there are many misconceptions and injustices surrounding the defense. I think it is impossible to know exactly what someone else is really thinking or feeling and that committing a crime is wrong no matter what the perpetrator claims his or her mental state was. I do believe the insanity defense should remain in action, because mentally ill felons do require some special treatment as opposed to regular felons. It may cause a lot of problems and controversy, but at the same time it allows mentally ill individuals the option of a fair trial. If a defendant is found NGRI or “guilty but mentally ill,” I think that he or she should be placed in a mental hospital instead of being released without treatment.