It can depend on the investigation being held, the place and the difficulty of being able to solve the case. The investigator mindset is to find out why the crime happen, how it could’ve been prevented, and also investigate all the evidence that was found. These concepts can associate with the optimal mindset of an investigator manifest by how much the investigator knows, how much training the investigators has, and the experience that the investigator already has. The more training and
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
Encoding may be only partial and distorted because some crimes happen very quickly. The second stage is the witness retains information for a period of time. Memories may be lost or modified during retention and other activities between encoding and retrieval may interfere with the memory. The third stage is when the witness retrieves the memory from storage. What happens during the reconstruction of the memory may significantly affect its accuracy.
The term ‘Eyewitness testimony’ (or ‘EWT’) refers to an area of research into the accuracy of memory concerning significant events, such as a crime or an accident, and the types of errors usually made in such situations. There are many theories relating to the accuracy of EWT, including the anxiety of the witness, the role of schemas, the use of leading questions, the effects of misleading information and the use of the Cognitive Interview. All these aspects can contribute to or detract from the reliability of EWT, and I intend to outline and evaluate them in this essay. When dealing with EWT, it is important to consider the type of incident involved. Some incidents, such as violent crimes or serious accidents, are synonymous with high levels of anxiety, which can affect the memory encoded, thus affecting the accuracy of the testimony.
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.
Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise.
Accuracy in eyewitness testimony The accuracy of eyewitness (EW) testimony can be affected by many psychological factors. The purpose of this essay is to outline and evaluate these different factors. Eyewitnesses usually experience anxiety during a crime, as they are exposed to potential danger. Two important things must be considered about anxiety in eyewitnesses. First of all, the level of anxiety is determinate by the threat of danger.
• 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.
Another benefit would also be having a first- hand account of what an individual who could give testimony of what was seen or experienced. Basic human error, biased opinions, and emotions are some of the disadvantages to eyewitness testimonies. Another disadvantage is how line-ups are being conducted; but the worst disadvantage is the difficulty of witnesses trying to identify perpetrators from other ethnic groups or races. Our view and reliability on the criminal justice system is constantly in a state of change. To what extent will these changes reshape our government and laws?
Outline and evaluate the research into eyewitness testimony. There has been a vast amount of interest into eyewitness testimony (EWT). EWT investigate the accuracy of memory following a crime or incident worth interrogating and the types of errors make in such situations. Sometimes EWT can be unreliable, which can lead to horrific consequences in a court of law. Rattner (1988) reviewed 205 cases of wrongful arrest (such as the case of Edward Honaker) and found that in 52% of cases, this was due to mistaken EWT.