Do you believe that the judicial system should be based on holding people accountable for their choices (blame) or probability of future crimes committed? Explain your answer. I believe the judicial system should have this role. It is their job to serve justice and keep society safe. If someone has this problem, they should look for help before its too late.
It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial. In the future of plea bargaining, I would like to see those who do choose to go to trial to receive no biased or threats of harsh sentences placed upon them simply because they chose not to agree to a plea bargain and maintain their constitutional right to remain innocent until proven
Additionally, they should be compensated for the time they served, for the emotional suffering, for the physical suffering they had to endure in the prison, and any other family problems they had to go through. I can't possibly imagine how I can calculate ones freedom in dollars but this is the best way I can imagine one can be at some ease. Overall, I think the police officers need to be more productive, and come up with better ways to investigate crimes. They need to consider that a certain population of people are mentally handicapped which should be taken into consideration from here on out. Further, these people should be provided with a counsel/attorney from the start who can make a better judgment on their behalf.
Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
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.
One author writes “healing is crucial not just for victims, but also for offenders. Both the rehabilitation of offenders and their integration into the community are vital aspects of restorative justice. Offenders are treated respectfully and their needs are addressed. Removing them from the community, or imposing any other severe restrictions, is a last resort. It is thought that the best way to prevent re-offending is re-integration.” Processes of this nature are sometimes all the victim wants.
Thoreau implies that as long as one moral person can stand up for himself, others will follow and eventually force change. Second, civil disobedience is a method of political engagement: its goal must be aimed at bringing the law into conformity with the requirements of justice. No civil state is perfect – all contracts have compromises and flaws. As a united people of a state, it must have its general will parallel to the path of justice to ensure freedom and equality. Therefore, the general will of the people requires that laws be amended to reflect morality and justice.
Cover Letter 1) The purpose of this essay is to shed light on the difficulties of prosecuting DUI’s. Justice is not being served, instead defense lawyers are looking for loopholes to get their clients charges dropped or reduced. 2) I learned their needs to be changes in the legal system. If someone is found not guilty of a crime, it needs to be because they did not do it, not because of a technicality. 3) I found a lot of good information on this topic.
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.
If we examine closer, the purpose of extradition we are left that, is to prevent criminals who flee from a jurisdiction to escape from punishment for criminal offence they have been accused or convicted of. Now, the question arises whether the very objective is sufficient enough while the concept of extradition purports to bring the convicted into home jurisdiction? When we see though glass of a great jurist Dr.UpendraBakshiwho refined an immense contact in realm of what constitutes human right?whether a legal person a human