The representation of lawyer from both sides is obligatory, the accused has right to silence. He need not give evidence from his side. Prosecution must prove the guilt beyond reasonable doubt lastly the accused may claim benefit of doubt Individual 's right to privacy is best preserved under it. Its demerits is that the accused does not help the police during investigations hence the prosecutor has the mandate to look for evidence to submit in the court hence the police must work on his own strength against the accused.
Cross-examination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officer’s competency or even integrity. The prosecutor’s cross-examination can be an effective tool to repair any damage that occurred in defense cross or direct testimony by bolstering the jury’s faith in the fairness of the prosecutor and officer and their search for truth. Many would argue that the practical purpose of cross-examination is simply to undermine or destroy direct testimony. However, the legal purpose of cross-examination is a good faith quest for ascertaining truth and the prosecutor should use it justly and legitimately.
Forensics experts must be prepared before they testify. Additionally, expert witnesses must convince the judge or the jury that their testimony is truthful and that of sound science. It is critical that they are highly knowledgeable, organized, alert, composed, and ethical. Moreover, the expert when showing their knowledge must show that they are relevant, have command if the subject matter, and are knowledgeable about the state and jurisdictional laws relevant to the case and they must know how to demonstrate their evidence.
The courtroom is an establishment made to exercise justice and truth to its citizens. There are different actors that made up the courtroom. These actors include the judge, lawyers, court clerk, parole officer, court officer/bailiff. Victim representative, representatives of the state (which include mental health agencies, etc.), juries and jury commission officers, and many more. The main actors in court are the defense attorney, the district attorney (prosecutor) and the judge.
2. People's Memory is Corruptible and Inaccurate Study shows that when false facts are introduced to a person's memory, that person tend to have difficulty recalling what actually happened, and may even recall false or corrupted memories and believe them to be true. Also, the longer the event has happened, the harder it is for someone to recall it. In the case of a victim being the eyewitness, his or her injury, the weather condition and other external factors can blur their memory enough to make it inaccurate, and yet remains submissible to court. 3.
Judges should be open-minded and fair, and should appear and represent themselves to be fair and open-minded. They should be good listeners but should be able, when required, to ask questions that get to the heart of the issue before the court. They should be respectful in the courtroom but strong whenever it is necessary to overpower a rambling lawyer, a disrespectful litigant or an ill-mannered
The basis of criminal defense and prosecution is often formed by eyewitness testimonies. If these testimonies are inaccurate it could lead to a wrongly formed criminal defense and prosecution. According to Loftus, “It is clearly of concern to the law, to police and insurance investigators, and to others to know something about the completeness, accuracy, and malleability of such memories. " It is important to study the memory of an eyewitness because for the defense, prosecution, police, insurance investigators, and people involved in the crime or accident it is crucial to have accurate and reliable information.
The consequences to this type of deception is the possibility of the confession being thrown out of court and the defendant being set free or even worse, found not guilty. Most homicide detective should have a good working relationship with the prosecutors that prosecute homicide cases. The homicide detective should tell the prosecutor as soon as possible about the investigation, interrogation, and the outcome of the interrogation. This will allow the prosecutor to be able to defend your actions and find case law if
It 's a common misconception that someone arrested for DUI must plead guilty in court. With a skilled defense attorney who can examine all the nuances of your individual case, you may very well find that you 're spared having to put your future on the line in this manner. You have the absolute right to challenge the procedures that were used during your arrest, the cause for which you were arrested, and the evidence being used against you. But you can 't do it alone.
Police brutality is defined as the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. People should never have to go threw police brutality everyone should know their rights and there is justice for all. Many people in society are not aware of their rights. A law enforcement officials fundamental duty is to serve mankind to safeguard lawyers and property ; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice. If I was a police officer, I recognize the badge of life as a symbol of public faith and I accept it as a public trust be held so long as I am true to be the ethics of the police service.
Most cases where someone has been exonerated due to DNA retesting had a problem with eyewitnesses misidentifying the suspects. This is a problem that can change someone’s life forever. Misidentification of suspects is a flaw in the criminal justice system that can be addressed through more police training and increased help from the judges. Misidentification by the eyewitnesses and the police officers are current problems in the justice system. Suspects are identified by the eyewitnesses of the crime, but this can lead to some problems with who is identified.