Also, it is important in this process to prove a person guilty by legally-found facts and evidence. However the crime control model does not protect a suspected offender’s rights as much. The crime control model is based more on helping the victim, even if defendant’s rights are compromised. This model attempts to repress crime and give expansive power to police. It looks to find guilt rather than prove innocence.
Although juries are intended to be fair and balanced, and are in theory supposed to prevent biased, incompetent people having that kind power. However often enough it's the opposite that happens. In criminal cases where the defendant's punishment could be serving time in prison or could even be death, there is a great deal of pressure on jurors to ultimately make the right decision. This kind of pressure combined with the fear of possible guilt can be overwhelming for jurors, making them incapable of doing their job properly. For example, imagine that you’re in a jury room, and all of the other jurors have voted on the defendant being guilty and you are the one to decide whether or not this person gets the death sentence or if they walk free.
The basic elements of this theory are that people have free will, crime is attractive due to the possible big pay off, crime can be deterred if the punishment is worse than the crime, and that the punishment must be severe and swift enough to convince criminals that crime does not pay. In the mid 1970’s the Contemporary Choice Theory came about. It was shown that rehabilitation failed to prevent crimes. Public fear arose as there was an increase in criminal activity, prison disturbances occurred, and the public media was able to depict criminals as being dangerous and unworthy of sympathy. This theory
The sheer threat of punishment is not enough to ensure the smooth functioning of a law-abiding society, as countless examples of tyranny and police states illustrate. Those predisposed towards crime are usually people, with backgrounds of poverty, alienation, and violence, and a majority of criminals aren't the sort to stop and weigh the consequences of their actions anyway. Therefore the best deterrent to crime is good education, loving our neighbors, by being friendly with them, and sharing in their sorrows and helping them out in their difficulties. It is chiefly our neighbor's
It is important to the criminal justice system because a client should always have adequate representation. The issues that surround attorney-client privilege also make it very important to the court system. Some of the issues that exist because of the complexity of privilege are mainly questions such as in what instances should an attorney break that privilege, what if a client admits guilt of a crime, what about a client that conveys their intent to commit a crime. Admitting guilt of a crime that has already occurred is considered privileged information, however, a client that conveys their intent to commit a crime is not covered under the attorney-client privilege. It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003).
Being dishonest can break down relationships and harm the community as a whole. Honesty is also a major value in the criminal justice system. In order for the system to even work it must be based on honor and honesty. There is no justice if the guilty are allowed to be set free, nor is there justice if the innocent are made to pay for crime they never committed. The oath that one takes on the stand, “Do you
It would give the law enforcement personnel a bad name or rap because he or she broke the policy. The victim would not feel justice had been served if the suspect walked. The precinct where the evidence was held may look incompetent because they cannot follow procedures, which could end up with an internal investigation. The only person that would be happy would be the person that the evidence was against. The first person to handle the weapon would initial or write an identifying number on the evidence.
Feldman (2009), eye witness and victims are sometimes better able to recall the details of a crime when hypnotized. Eye witness testimony can make a deep impression on a jurrry, which is often exclusively assigned the role of sorting our credibility issues and making judgments about the truth of witness statements. Fisher(1999), argues that arriving at a just result and a correct determination of truth is difficult enough without added possibility that witness themselves give. Tversky (1999), also pointed out that witnesses are a powerful impact on juries. Basing on the above elucidation, one may deduce that eye witness testimony plays a fundamental role in the legal system.
What are the problems with non-interrogatory forms of evidence? Choose two forms of non-interrogatory evidence to discuss. Having enough evidence is key in charging, prosecution and finally conviction of criminals, unfortunately most cases result in the police needing and wanting more evidence. Due to insufficient evidence the Crown Prosecution Service (CPS) will not be pursued cases further, even if the police believe they have the right suspect. However there are other types of evidence collection apart from that of questioning, which falls under the title of non-interrogatory forms of evidence such as surveillance and scientific evidence.
However, if a true suspect is foolish enough to fall for police deception, they do so at their own peril (Rhode Island v. Innes, 1980; State v. Jackson, 1983). I believe if the proper techniques are utilized throughout the nine steps and avoiding the signs of the mentally ill, juveniles, etc. An investigator should overall be successful in obtaining a true confession without suspicion from liberal critics. However, this may be untrue because liberal critics are never satisfied. A little known upcoming safeguard may be useful in preventing false confessions is called the Gudjonsson Suggestibility Scale (GSS).