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
One penalty that can be applied during the sentencing process is imprisonment/gaol. Gaol is one of the key penalties imposed during the sentencing process. Gaol is the detention of an offender for a specified period of time. There are a number of levels in the gaol system including open prison farms, minimum security, medium security, maximum security and super max. Gaol plays a significant role in achieving justice for society and victims as it incapacitates the offender so they cannot reoffend, provides a serious punishment for serious offences and keeps dangerous criminals off the streets.
Thomas Norris CJ210-08 Criminal Investigation Unit 2 Seminar The investigation of felonious injuries and criminal homicides can be the most important, yet difficult responsibility assigned to the police investigator. First, these crimes are viewed as among the most serious offenses committed in our society. The seriousness is reflected in all state statutes, which impose severe penalties for acts resulting in the grave bodily injury or death of a human being (McGraw-Hill, 2002). Second, in the beginning stages of the investigation, the inability to identify the decedent, for example, greatly complicates the investigative process and prevents it from moving forward. Questions such as who was the victim's enemies, and who would benefit most
The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system. On the other hand the due process model is more concerned with the structure and the efficiency of the law. The due process focuses on evidences and facts in a case and ensures that a person in innocent until proven guilty in the court of law. In addition the due process model goal is the prevention and the elimination of crimes within the criminal justice
Conclusion Prosecutors, defense attorneys, criminals, and victims are placed together to deal with a given crime. Victimization concerns each position in different ways and must be individually considered. The goals of sentencing differ somewhat between each position. Alternative sanctions are often recognized when a criminal offender is sentenced. Ongoing assessments of victims' rights and the continousl improvement of such are imperative.
Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
Due Process Abstract This paper will discuss the concept of Due Process and how it affects the criminal justice system. In addition, the reader will also gain knowledge of how the adversarial system works. Also the rights of the accused and the process after a crime has been committed through post-arrest procedures will also be discussed in detail. Due process is envisioned to provide citizens of the United States with protection from government infringement on legal rights to life, liberty, and property without due process of law. The government cannot deny a defendant convicted of a capital crime of his or her life before the appeals process has been depleted.
These beliefs became heavily challenged in congress because they made the criminal justice system responsible for turning criminals into law abiding citizens. During the 1970’s indeterminate period the emphasis was rehabilitation, community treatment, diversion, reintegration, and education and employment programs (Mackenzie, D.
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.
Instead, the judge hears all evidence for the case and then rules whether or not the juvenile is a delinquent. This process is known as an adjudication hearing. Adults will also be sentenced more harshly than juveniles because of the purpose