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
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.
Simpson case is vital to the study of criminal justice and prosecution being that the restrictions that were obvious in the testimonies of the witnesses and evidence. As a consequence incorrect verdicts were made regarding the case for the reasons that there was evidence that could not be used like the blood samples and the detectives that gave testimonies that were ambiguous. Furthermore, before any case is taken to trial the state and the defense need to be absolutely certain that they have sufficient evidence in order to maintain their case, especially since a case can be dismissed based on the prima facie evidence provided. Studying this case has certainly changed my perspective because it was obvious that more was needed to be accomplished previous to closing remarks were
As it is felt that expanding and clarifying the Three Strikes Law is the best option within one debate is the three strikes law “destroys the flexibility of the courts and the judge. Each criminal offender is different. Each set of crimes is different. The specific reason we have judges, juries, and lawyers is that each situation deserves a fair analysis and punishment. A one-size-fits-all system of judgment destroys the flexibility.” (Messerli, 2012) But it is felt within establishing the clarification and limitations of these laws being applied that of only serious, and for violent crimes limits the possible miss application of these guidelines into crimes that would be seen as unjust for the crime
Two Models/Criminal Process Ashley Lawrence CJA/364 June 8,2013 Mathew Taylor Two Models/Criminal Process Two models within the criminal justice system play very important roles. One may say that within the political world the two models may even conflict with each other. Crime control model may be more liberal focusing on society and crime, which as for due process is to focus more on a fair opportunity for the one that is accused and many see it as conservative. The 4th, 5th, 6th, and fourteenth amendment all play important roles within the due process model, and the criminal justice system, to make sure everyone is given a fare trial. Due process occurs when fare treatment is given throughout the judicial system.
There should also be an increased use of ADR in courts those tribunals for civil cases. ADR is a great way to solve civil cases not everyone has the money to go court so ADR is an option in civil cases. A problem that may affect the access of the legal system is the strict rules of evidence resulting in useful evidence being inadmissible. Evidence such as stolen evidence cannot be used in court it could be very useful in get to the bottom of a case but it inadmissible because it was stolen. There are also difficulties with witnesses giving evidence.
It relates to the power and individual liberty i.e., the monarchs and the relationship of the monarchs and the commoners. Then, the monarchs had all power; nowadays, it is the commoners who have all the power. Scotland never really developed prisons until the 20th century. England and Wales however were different. The key development of prisons is how they have progressed into becoming more humane and how their objective has changed.
The jury is surely the best instrument for determining the primary facts of a case and so far giving the judgments. It is difficult and fallible for one person to determine whether the person is telling truth or not, that’s why the jury trial is taken into account which is basically the final verdict arriving at after many justifications through 12 lay men of the society. Lord Judge CJ has said that: “In this country, trial by jury is a hallowed principle of the administration of criminal justice. It is properly described as a right. It is so deeply entrenched in our constitution that, unless express statutory language indicates otherwise, the highest possible forensic standard of proof is required to be established before the right is removed.
Law Reform Regarding Sexual Assault Law reform is when law is introduced or an existing law is altered to improve, make more relevant or patch up a hole in our law. The issue of sexual assault is becoming increasingly prominent it today’s society. Because societies view on this issue, and growing awareness, past laws on sexual assault have failed to cover the needs of society today. This has lead to significant law reform over the past decade. The Criminal Procedure Amendment (Sexual Offence Case Management) Act (NSW) was introduced in 2005 which updated the previous act the previous act, The Criminals Procedure Act from 1986 (NSW).
The death penalty is a very sensitive subject and with it comes different pros and cons. The argument most often discussed in support of capital punishment is that the threat of executions deters capital crimes more effectively than imprisonment. This claim is plausible, but the facts do not support it. The death penalty fails as a deterrent for several reasons. One reason is that any punishment can be an effective deterrent only if it is consistently and promptly employed.