Unlike facts proved by science, crime is a socially constructed idea and its definition is unclear. The images of thieves or other criminals are not existing in the beginning but are developed as time passes. It makes crime like a daily life ’myth’ (Hillyard & Tombs, 2007). Also, the same kind of crime can be done under very different situations with contrasting reasons but often the crime is treated with same type of punishment under the criminal justice system. The standard form of response given by the system causes inefficiency in dealing with several acts which are all labelled with the name “crime” (Hillyard & Tombs, 2007).
This is a respectful submission of the prosecution arguments regarding the case R. v. Collins. The arguments will show that the evidence ceased at from the accused should be admissible in the court of law as a Mrs. Collins section 8 Charter right was not violated (R. v. Collins,  1 S.C.R. 265). Case laws along other judge’s interpretation will reinforce the arguments presented. The paper will establish arguments based on reasonable grounds, the good faith doctrine and the admissibility of evidence. The accused was arrested by two Royal Mounted Canadian Police (RCMP) officers at the Cedar’s Pub with possession of heroin for the purpose of trafficking (R. v. Collins,  1 S.C.R. 265).
The discussion will be reviewed to highlight whether it reflects the results obtained in the study. The conclusion will be checked if it actually achieved the objective of the study. References will be analysed to check its completeness, relevance and current or old
Do you think the excuse clause in this signed statement is appropriate? Why or why not? An excuse clause doesn’t diminish legal responsibility but does help the confessor feel as though compassion and sympathy are being expressed. The provided excuse clause is valid as it provides the intent for the crime.
False memories Repressed memories are often recovered in therapy. The issue with treating a repressed memory that was recovered during therapy as contingent for a court case is that there is no way to prove that the therapy did not falsely construct the memory, leading to a false memory. A false memory can be misinterpreted as a repressed memory if the individual, for instance, feels a lot of emotion towards the false memory; “victims may experience ‘denial,’ an unconscious defense against painful or unbearable memories and feelings about the crime” (“How Crime Victims React to Trauma”). However, it is important to note that just because a “memory might be false does not mean that the person is deliberately lying” (Loftus, 1993, p. 525). False memories can be created unintentionally by the unconscious: or another way to explain how a memory can be constructed in therapy and believed to be truly recovered, one can look to false memory theories of “associative activation” and “thematic consistency” (Gallo, 2006, p. 51-53).
Even though a misdemeanor is defined as a lesser criminal act and comes with less severe punishments, criminal defense lawyers urge clients not to take misdemeanor charges lightly. The criminal justice system is often unpredictable, but Buntin, Etheredge, & Fowler, LLC in Dothan, AL, wants to help. Here are three reasons to hire a criminal defense attorney if you are facing misdemeanor charges: If You Don’t Have A Record: There are programs in place that may help with a dismissal of charges for those who do not have a criminal record. An experienced criminal defense attorney will help determine if you are eligible for such a program.
The Criminal Justice system in Ghana defines a crime as an act against the state rather than an act against the individual and the community at large. It focuses more on punishment and retributive justice instead of restorative justice, which takes into consideration the victims, and healing the harm caused them. Victims often feel vulnerable and defenseless. Some even feel twice victimized, first by the offender and then by an uncaring criminal justice system that does not make adequate provision for them be it physical, psychological or material. They often play a totally inactive role in the criminal justice system; oftentimes they are even deprived of basic assistance or information.
Furthermore, there can be several factors at play when a wrongful conviction occurs and each case is unique. Three of the more common and detrimental factors that will be explored in this essay are eyewitness error, the use of jailhouse informants and professional and institutional misconduct. Firstly, eyewitness testimony can be a major contributor to a conviction and is an important factor in wrongful conviction (Campbell & Denov, 2016, p. 227). Witness recall and, frankly, the human emory are not as reliable as previously thought. In fact there has been much research showing the problems with eyewitness testimony such as suggestive police interviewing, unconscious transference, and malleability of confidence (Campbell & Denov, 2016, p.227).
As a necessary corollary to this, it must be understood that the defense is only required to cast reasonable doubt on the prosecution’s case in order to secure acquittal. Now, in respect of heinous offences such as stalking and rape, it is understood that the burden of proof has been reversed in order to ensure a greater possibility of conviction. However, this cannot be allowed to negate the very basics of the trial itself. The standard of reasonable doubt exists for the protection of the accused. Implicit in it is the understanding that since it is the prosecution that brought the case, they must take the full responsibility of proving it in such a way as to leave no reasonable doubt that the accused did in fact commit the crime which they charged him
A criminal defendant who is found to have been legally insane when he or she commited a crime may be found not guilty by reason of insanity. In some cases, the defendant may be found guilty but sentenced to a less severe punishment due to a mental impairment. In states that allow the insanity defense , defendants must prove to the court that they did not understand what they were doing, failed to know right from wrong, acted on an uncontrollable impulse or some variety of these factors. It is very difficult to prove that insanity exits and there are cases where people are used for insanity that are really not insane. I believe that pleading insanity should be abolished.
2. Restorative Justice deals more so with the penalty than fact-finding phase of the criminal process. a. Most of the practices in restorative justice, such as community conferences and victim-offender mediation, seem to deal or are concerned with what a justice
The criminal justice system depends majorly on eyewitness identification for investigating and prosecuting crimes. Psychologists have been the only ones who have warned the justice system of problems with eyewitness identification evidence. Recent DNA exoneration cases have corrupted the warnings of eyewitness identification researchers by showing that mistaken eyewitness identification was the largest factor contributing to the conviction of many innocent people eyewitness testimonies are not reliable therefor you would assume they would be taken out of court, but instead
Wrongful convictions are a problem that most government officials won’t admit. The United States and other countries such as Australia have been susceptible to these miscarriages of justice. This can arise from a snowball effect of scenarios such as witness misidentification, perjured testimonies, coercive methods of interrogation, prosecutorial misconduct and ineffective counsel. These are some of the reasons that can potentially lead innocent people to be convicted of crimes they did not commit. The thousands of exonerations in the United States has caused concern for other nations to reevaluate their criminal justice system.
The author seeks to place the responsibility of punishing innocent people in the correctional system, onto that of the state. The role of the correctional system in criminal justice is to punish and rehabilitate, but why happens when someone is placed in there through a wrongful conviction. Though various cases have different circumstances, the author states that the one constant factor in all wrongful conviction cases is the state. By expanding upon existing arguments relevant to state crime the author seeks to expand the readers understanding of wrongful convictions, purely from a criminological point of view. By doing so the article will add to the readers understanding of the tragic scenario of wrongful conviction.
There are many reasons for wrongful convictions, in the cases of Ronald Cotton, Christopher Abernathy, and Marvin Anderson, the main evidence that led up to their convictions were eyewitness testimonies. It is sad that people waste so many years of their lives due to false misconstrued information. Therefore, eyewitness testimonies should not be sufficient evidence to make a case. Fortunately, there have been innocent people exonerated and released from prison thanks to DNA testing. People should be cautious when making an eyewitness testimony, they should make sure that they are 100% sure that they are picking the right person.