The adversary system of trial is the best system for achieving justice in criminal trials for a number of different reasons. The use of a jury, the standard of evidence relied upon and the standard of proof, the cross-examining of witnesses and the ability to plead guilty, contribute greatly to reaching justice in the adversary system. They are all reasons which help the adversary system in accomplishing fairness in criminal trials. The adversary system is a feature of the common law system and was brought to Australia with England. It has adapted to the Australian legal system.
Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity. All these points are valid, but they are forgetting about the rights of people and what they stand for. I would think people would want defendants to be punished fairly and not have an opening, where they could possible get their case dropped because of something illegal done on the prosecution or law enforcement
Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
In September, 1846, there were discussions in the Legislative Council in NSW as to the need for some control to be made over “intercolonial legislation.” Two weeks later, Governor Fitz Roy suggested “some superior functionary” be appointed, with the power to review and, if necessary, disallow legislation of all colonies on anything other than local matters. These suggestions have been regarded as the first move towards Federation. The next move came from Britain, when, in 1847, Earl Grey, then the Secretary of State for the colonies, suggested a “central authority” be created in Australia to regulate matters affecting more than one colony. Then, in November 1880, an intercolonial conference in Melbourne, attended by representatives from NSW, SA and Victoria, agreed to resolutions moved by Henry Parkes in favour of the establishment of a Federal Council. As you can tell by reading this, there were many reasons how and why Australia became a Federation.
Australia is known for upholding human rights as well as making sure everyone has a fair and equal trial. Indonesia needs to put a cap on the corruption in there country as unfair trials occur quite frequently. Australia has upheld everyone’s human rights in the court of law everyone is equal and the trials are dependant on evidence that has been obtained. Everyone is innocent until proven guilty. The severity of the crime will determine which court the trial will be held.
a judge is presumed to actually understand and take serious the principle of "beyond a reasonable doubt." Likewise, judges are less likely to be confused or dazzled by effective advocacy, meaning they are less likely to acquit a guilty person. Jurors, however, are more likely to acquit a guilty defendant (than is a judge), and thus are a better choice for a defendant who is actually (or likely) guilty. Overall, however, juries are more likely to convict a defendant, regardless of actual guilt.Jury system is the very basic part of the judicial system from ancient times in decision making. It's popular throughout Europe and British Isles.
The trends and factors for prison numbers in Australia and the United States of America 21st October 2011 The harshest punishment in Australian and American societies is that of imprisonment (with the exception of capital punishment, still evident in some American states). The process of enforcing a prison sentence has been both a visible and enduring image of the social control of crime. The prison itself is symbolic within the criminal justice system, and is intended to be a deterrent to further offending. Imprisonment terms are aimed to prevent crime and enhance community safety by removing offenders and also to meet society’s need for retribution for crimes committed. The purpose of this essay is to present the extent of imprisonment
Some say a dictatorship is better because the people don’t know what is and isn’t good for them. Others might claim that a democracy isn’t necessarily the better option because there could be a lot hidden between the lines that people vote for without a second through. Both can be abused, and both can be
Justice means “fairness, impartiality, equity. It includes the concept of distributive justice, and application of affirmative action when this is desirable or necessary… justice means seeking the truth and basing judgements on evidence rather than on the eloquence of arguments for differing points of view.” (Last, John M. 2007). In court, Jury systems are not the only way to ensure justice. A panel of three or five judges is the most efficient way to ensure that justice has been reached. Any defendant has a right to ‘trial by one’s peers,’ the jury system supports this right as its members are a random selection of Australian citizens.
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.