Prosecution Versus Defense Paper Elizabeth Stebbins 220 March 10, 2013 David McNees Prosecution Versus Defense Paper The role of the prosecutor and the defense counsel are similar in as many ways as they are different. The prosecuting attorney represents society because a crime against one is seen as a crime against all. The defense attorneys represent the individuals’ accused of the crime. The prosecuting attorney “is responsible of preparing and presenting the state’s case against defendants in criminal and civil cases” (Meyer & Grant. 2003. p. 114).
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
The movie “Death Wish” portrays a constant struggle between the due process and crime control models. The due process model of criminal justice expects a lawful fairness to all citizens. Also, this model attempts to protect a defendant’s rights more than the victim. It relies on authorities powers to be controlled by rules and procedures in order to prevent excessive use of their power. Also, it is important in this process to prove a person guilty by legally-found facts and evidence.
Probable Cause, as I stated previously, is the amount of evidence present to reasonably suspect criminal activity. The next standard is Preponderance of Evidence. This is evidence that more likely than not outweighs the opposing evidence, or enough evidence to outweigh any doubt or speculation. Next, in the line of certainty, is Clear and Convincing Evidence. This standard is required in some civil and federal
Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused. I personally prefer the due process model rather than the crime control model, The crime control model assumes guilt by fact. The person is guilty unless proven innocent. This is one of the downfalls of the Crime Control Model. The concern with this model is a quick and speedy conviction despite the innocence of the alleged criminal.
The role of causation in the actus reus of a crime is fundamental in establishing criminal liability but it is not without it’s problems. Discuss the accuracy of this statement. The first issue to address when considering the accuracy if this statement is why the role of causation in the actus reus of a crime is fundamental in establishing criminal liability. According to current law where a consequence must be proved, the prosecution must show that the defendant’s conduct was the factual cause of that consequence, it was the legal cause of that consequence and that there was no intervening act which broke the chain of causation. Without evidence of each of these three principles criminal liability cannot be established.
The adversary system is a system where there are two opposing sides in a court room, the prosecution and the defense. Both sides are trying to convince an impartial person, such as a judge or jury that there side can prove the other side as being wrong in order to prove guilt or innocence of the accused offender. The reason we use this system is to provide a fair and impartial trial. Instead of just presenting the evidence against the defendant, which would be partial and one sided, since the defendant would not get to defend them self. The adversary system is a much needed way for all societies to have their judicial and criminal justice system.
Criminal Justice System Paper Your Name CJA/204 April 6, 2014 Rudy Pichardo Criminal Justice System Paper When I think about the criminal justice system I think about corruption, the falsely accused, inmates who aren’t given the proper sentence, and how awful it is for the people. In this paper I’m hoping to give a better understanding of the criminal justice system by identifying the goals of the criminal justice system, describing the components and the criminal process of the criminal justice system and some of the other components in the system. The criminal justice system is built on a few important principles; Presumption of innocence, due process, independent judiciary, openness and accessibility of court and equality before law. (Merriam Webster: An Encyclopedia Britannica Company, 2014) defines crime as an illegal act for which someone can be punished by the government. Meaning, if you break the law of which has been given you will be punished.
Constitutional Rights and Plea Negotiations A plea bargain is a process in which the defendant arranges a ‘deal’ with the prosecution. A plea bargain essentially means that a defendant charged with multiple crimes will plead guilty to a certain charge in order to escape going to trial for a more serious charge. In the United States, the majority of criminal cases are settled through plea bargains. Moreover, a guilty plea waives the constitutional right to trial and subordinates trial rights such as the right to confront one's accusers. Under the "doctrine of unconstitutional conditions," waivers of constitutional rights often are held invalid when they have been required as a condition for receiving favorable governmental treatment.
The Law can be divided into two separate categories, being criminal and civil law. The difference between the two is that criminal proceedings are separate from civil actions. The difference between the two is, in the criminal case the crime is a public wrong, punishment is either death or incarceration, the government is the prosecutor, and the proof is beyond a reasonable doubt. In a civil case the harm is a private wrong, instead of a criminal matters, punishment is compensation, the plaintiff is the person who suffered, and the proof is preponderance of evidence. The one thing both these laws have in common is that they both try to control the behavior by imposing sanctions on those who violate the law.