Luckily, it is known what causes wrongful convictions and how to fix them. Many wrongful convictions are due to mistaken eyewitnesses, jailhouse snitches, or false evidence. I think many of the wrongful convictions could be solved with harder evidence, more information. A case should not rely on a single eye witness but multiple.
The Crime Control Model believes that it is better to arrest and question a suspect who may be found innocent later as opposed to letting them remain free. This model allows the law to do what they can to find any evidence possible. The Crime Control Model is mainly concerned with protecting society first and preserving law and order. Suspects are basically considered to be guilty until they go to court and are proven innocent.
Shaw believes that a Utilitarian perspective supports the foundations of criminal law because laws help people have a sound mind and a good life. This is because laws protect personal belongings and self. Shaw suggests criminal law should be viewed from a Utilitarian perspective since it helps the overall well-being of society. Some things are breaking the law but are not to be punished as harshly as others. For example, a person speeding over the posted speed limit would not need to be sent to prison like a person who murders someone.
The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
The plea bargain is a major problem facing courts today because innocent people are ending up behind bars. It is the defendants right to be able to plea bargain, but it is not always in their best interest to do so. Many defendants feel forced to plea bargain because they either feel as though their case has no chance against a jury or the public defender has little time to spend on their case. The defendant 's plea bargain to receive a lesser sentence, even if they are innocent. The other aspect of plea bargaining that poses a problem is guilty defendants receive a lesser sentence for the crime they committed.
Racial profiling suspicious people of specific ethnicities will create a safer place because if the police were to arrest these people then the crime rates will drop, creating a safer place. " Modifying airport profiling procedures to include scrutiny of race, gender, and age has the potential to impact fundamental consultation rights" (MacDonald). If the police were to use racial profiling as a major part to justify if a person was guilty of a crime, that would create a safer environment. Racial profiling should be allowed for the police to use because it is easier for them to track down criminals.
While we have a justice system that is based off laws and cases that come before, and there are also some cases that express the moral principles found in our societies for a case by case assesment. The idea that anyone who commits a crime, but is missing the ability to defer right from wrong shouldn’t be held to the same standards as someone who has a rational mind. For example, in “The Insanity Defense” the narrator talks about if a person is convicted of a crime, the prosecutor must prove two things; that the person engaged in a guilty act and that he or she had guilty intend. “But what about situations in which the person commits the act and intends to do so, but was suffering from a mental condition that impairs their ability to appreciate
I think sending a teen or adult to prison for life is not cruel or unusual for a punishment. I think that if they don 't go to jail, they will never learn. I think what 's cruel and unusual is them killing someone else. I think letting a killer walk free is like stabbing yourself in the back. This is why I disagree with Yee 's bill.
The court found it necessary to mandate notice to defendants about their constitutional rights. The complete meaning and reason of Miranda Rights. Miranda Rights are used during anything involving the police or court. The Right to Remain silent during an arrest.
Criminal law covers the area of crimes and is there to maintain law and order. A crime refers to a breach of one or more rule of law. The society believes that individuals should be held responsible for their actions, especially when those actions constitutes a crime that would endanger the safety of today’s society. In the eye of the law, in order to paint an individual as guilty, the prosecution must prove that the defendant committed an actus reus had mens rea at the same time. Actus reus refers to a guilty act and mens rea means a guilty state of mind.
When a person enters into a plea bargain agreement after coviented of a crime, that person who is being prosecuted have to make importants decisions. One of the most key decisions is how that person plead (Guilty or Not).“A plea is formal statement made on behalf of an accused person or made by the accused in court in response to the charge made against him” (Martin, 2003). Before a defendant plea Guilty or Not he/she have to enters into a plea bargains. A plea bargains are an agreement in a criminal case between the accuse person (defendant) and prosecutor usually involves the defendant pleading guilt in order to get reduced sentence, in stead of the case going before a jury. When a defendant accept a plea bargain he/she is giving up their Sixth Amendment to the United State Constituation.
If an insanity plea is successful, it can be implied that mental illnesses can be dangerous or harmful. Also, that the person with the mental illness is going to be treated and hopefully learn how to handle such an illness. Then perhaps that person can go free after a while. On the other hand, if an insanity plea is unsuccessful, then it can be implied that the person with the illness may not get treatment. Although, if the person is just using a mental illness as an excuse, then he or she is giving other people with a mental illness a bad name.
Michael, Thank you for your very important read, I found it quite interesting considering the you believe that plea bargaining may provide a way to rehabilitation. I mean after all, the processes by design is very difficult. Plea bargaining is to close to the adult court system, in order to achieve this idea, there would have to be a shift and separation from adult punishment and punishment toward the treatment of a child. If a juvenile does participate in a plea bargain in most states would generally be a waste of time. Because usually the notion of pleading guilty for a lesser charge is not possible because there are no variations in charges with certain sentences considering the circumstance.
Plea bargaining should be allowed in the court system. This is because the plea bargains are quick which saves time in court. It also saves the expenses of the state. It is easier to just admit to the case to receive the lesser sentence. There also might be some added information that could lead to locating missing people, remains of a victim or kidnapping victims.
Insanity Defense The insanity defense has the notion that some individuals are mentally disturbed that they are unable to understand their actions and it would be a violation to hold them responsible. Smith states that the insanity defense is a plea used by the defense to show lack of mental potential of a person when committing a crime. (Smith, 2012)