It is difficult to hold prosecutors accountable for acts of misconduct. Since prosecutors are often viewed as the “good guys” by the public, many times unethical, as well as illegal acts will be tolerated by the courts and criminal justice system as a whole. Prosecutorial misconduct is considered any action taken by the prosecutor in a criminal case that is against the law and/or unethical. Prosecutorial evidence can be anything from harassing witnesses on the stand, pressing unfounded charges against defendants, tampering with evidence, withholding evidence, up to taking bribes. Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place.
Assess the usefulness of functionalist approaches in explaining crime The functionalist approach to analysing deviance and the causes of crime looks at society as a whole. It explains crime that the source of criminal behaviour lies in the nature of society itself rather than in psychology or biology. Functionalists such as Durkheim see deviance as an inevitable and necessary part of society and too little is unhealthy. Some also consider crime to have positive aspects for society. In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime.
While it can be hard to understand why someone would falsely confess to a crime, psychological research has provided some answers and DNA exonerations have proven that the problem is more widespread than many people think. In approximately 25% of the wrongful convictions overturned with DNA evidence, defendants made false confessions, admissions or statements to law enforcement officials. In some false confession cases, details of the crime are inadvertently communicated to a suspect by police during questioning. Later, when a suspect knows these details, the police take the knowledge as evidence of guilt. Often, threats or promises are made to the suspect off camera and then the camera is turned on for a false confession.
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.
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). There was also discussion about the members of the jury and if they are qualified or competent to decide he guilt or innocence of an individual based on their opinions and perceptions of the trial. My view on the criminal justice system is that overall the system is adequately effective in terms of providing a fair trial for the accused and well suited to punish individuals based on viable evidence and the judgment of experienced judges and magistrates. These issues reflect the interests of the JSB173 unit because the unit focuses on a fair trial through either the
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.
Eyewitness accounts provide important evidence that may lead to the identification and arrest of criminal suspects. It is in the trial process that eyewitness testimony is most crucial and is most often correct. However, in some cases, mistaken identification may occur and lead to the wrong conviction of an innocent person. This is due to how the memory retains and processes information after being subjected to traumatic events. It is known that memory functions in different systems which consist of different sub units.
Innocence Commission This innocence commission has been designed to recommend action with regard to wrongful convictions. Wrongful convictions are caused by many factors involving several court participants. The goal of this commission is to bring light to these causes and therefore recommend ways to reduce wrongful convictions. The information throughout this document is to be used as reference material for achieving the goal. Causes of Wrongful Convictions The many causes of wrongful conviction are eyewitness misidentification, improper forensic science, government misconduct, informants, bad attorneys, and false confessions or admissions.
Jasmin Finnie Sep 6, 2010 White Collar Crimes Professor . Kellam When it comes to criminal justice, the term "White Collar Crime" is brought up very often. What exactly is a White Collar Crime? White-collar crime is defined in terms of attitudes toward those who commit it. These crimes are punishable by law, however it is generally regarded by the courts and by sections of the general public as much less reprehensible than crimes usually punished by the courts.
DISCUSS THE PROBLEMS IN MEASURING AND DEFINING CRIME AND DEVIANCE. INTRODUCTION This paper will discuss the problems faced whilst trying to define and measure crime and deviance whilst also explaining the differences and relationship between crime and deviance. Criminologists have created means of measuring crime which this paper will explore and identify problems which will occur during the recording of crime and will explore influences on crime and crime statistics. DEFINING CRIME AND DEVIANCE Defining crime or deviance is diverse amongst the many different cultures, history and from one social context to another (new texts pg 138) which causes a big problem whilst defining and measuring crime or deviance as what is believed to be criminal or deviant behaviour in one society may be seen as legal or normal behaviour by another society. There are many theories relating to deviance and crime with each theory illustrating a different aspect of the procedure by which people break rules and are classed as deviants or criminals.