Although the rationale of peremptory challenges, ironically, would be for the defendant and the prosecution to get rid of any potentially biased jurors, lawyers may instead use their peremptory challenges to form a jury that would pass a more favourable verdict. As lawyers are also not required to explain their decisions in striking out jurors in most cases, the makeup of the jury can thus be heavily imbalanced. However, as a judge would be required to not let any preconceived bias affect the administering of justice, the accused would hence receive a fairer treatment as compared to juries that might have any bias towards either the prosecution or the defendant. With juries also not being required to explain their decisions, any bias that the jury might have would not be easily found and challenged. Especially in cases where the death penalty is concerned, it is all the more important that juries mete out a fair verdict.
In creating a balanced system, different types of criminals need to be sentenced to a specific program that fits both the personality of the offender and the crime they committed. “Poorly implemented programs, delivered by untrained personnel, where offenders spend only a minimal amount of time in the program, can hardly be expected to successfully reduce recidivism.” (Mackenzie, p.26) The prisons of the 21st century need to be very different from the unsuccessful prison systems and beliefs of the 20th century. The biggest change in correctional beliefs needs to be that prisons should only house violent criminals. Non-violent criminals are more of a threat to themselves than to society and can be punished using community-based corrections. It is necessary to keep non-violent criminals separate from violent criminals, as to keep non-violent criminals from escalating to the commission of violent crimes once they are released from prison.
However, the severity of punishments and the methods used by the law were beneficial and practical and they helped to reduce the amount of crime in England. The article “Crime and Punishment in the Elizabethan Era” expresses that crime was an issue in Elizabethan England, and a threat to the stability of society. To maintain order the penalties for committing minor crimes were generally punished with some form of public humiliation. For major crimes including thievery, murder, and treason those convicted were put to death. The sheer ruthlessness of the punishments discourage any sort of crime as they will scare the citizens into never breaking the law in fear of the consequences.
The Defense Attorneys usually represent defendants in and out of court to avoid going to trial. Defense Attorneys are also viewed as Public Defenders. The Defense Attorneys handles criminal cases such as: sex crimes, domestic violence crimes, drug crimes, theft, fraud, embezzlement and driving under the influence (dui). Hired privately and make sure the defendant rights are upheld. The Public Defender that is appointed to represent the claimant, works for a private entity appointed by the Government.
Latessa explains how we shouldn't treat offenders for thing that do not link to them. Don’t treat someone who is a heavy drug user with a treatment built for people with anger issues. When the correctional system places these low risk offenders in programs meant for high risk offenders, it reduces the chances of it being effective because it doesn’t apply to that particular offender hence the “one size fits all” idea, it’s very ineffective. Latessa also spoke on many other reasons that causes recidivism treatment
These are taken on a case by case basis by a jury, but the punishments for specific crimes are usually decided by our legal system and are equal to the offense, such as a teenage shoplifter will not be given the death penalty, but may be fined or sentenced to community service. As a society we have determined appropriate consolations for crimes, and offenders need to be given consequence enough to “right the wrong” done. This is part of the social contract between citizens and government, that in exchange for a little bit of freedom, they will be kept safe. In the case of Emmett Till, two murderers, Roy Bryant and J.W. Milam, were freed due to reasonable doubt in the jury according to the legal records, but the jurors and community knew that the two men would be found innocent no matter how much evidence was brought against them.
Being arrested and jailed throws you into a world that is unknown to most citizens. Few people know and understand fully the bail bonds process and how the legal system works. It is crucial to get knowledgeable help when arrest occurs in your life. A wise move is to hire a criminal defense lawyer who can not only help you be freed from jail, but can help you all along the way in your defense and trial process. Best case scenario, a defendant can be released "on his own recognizance."
A plea bargain is an optional agreement that occurs during a criminal case between a prosecutor and defendant. These agreements are options for the defendant to take rather than taking their case to trial. Ninety-seven percent of all federal cases and ninety-four of all state cases are all settled by plea bargains() Plea bargaining has become a normal process when it comes to court cases. Although every individual has their own beliefs, plea bargaining helps out our criminal justice system but in contrast it is taking away from the value of the criminal justice system. Just like in every story we are faced with two different sides a positive and a negative.
1 In your own words, explain the difference between "retributive justice" and "restorative justice." (Don 't consult the dictionary, use the course materials!) Restorative Justice involves the process of taking into consideration the victim(s) of the crime and correcting the wrongs done to the victims and the community. The objective of the restorative justice approach is to allow the offender to take responsibility of his/her actions as well as attempting to make the offender face the victim and see the impact he/she caused. On the other hand Retributive Justice is punitive and make people “pay for what they did” (ex: send them to jail) without any victims input.
The shortcoming of this approach is that it is not appropriate for more serious crimes such as rape and murder, because in cases like those, most of the time there is nothing that offenders can do to restore the loss or make things right The benefit of this approach is that all parties who are involved get the chance to face each other. The victims get an opportunity to be directly involved in the process and get a chance to respond to the crime committed against them. The offender becomes aware of how their offense has impacted the victim, and this in turn allows the offender to take responsibility and to apologize or show remorse to their wrong doings. Through the process healing is promoted to all the parties involved, the offender might be required to pay for the harm caused. This approach also prevents overcrowding in prisons because it also deals with rehabilitative
“It 's unfortunate that he 's made these poor decisions,” she said, adding, “Somehow, he 's been very lucky he hasn 't hurt himself or someone else. “You hope somebody learns, through the court process, not to make these mistakes. I 'm not sure what it will take for Mr. Mitten not to make these mistakes,” she said. Enforcing the state 's drunken driving laws, which prohibit driving with a blood alcohol content of 0.08 and above, is a priority for the state patrol, said Norman. “It 's one of those things that can easily be stopped.
The Pros and Cons of Plea Bargaining Disclaimer By: LawInfo When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.
When the jury trial process is replaced with plea negotiations, we lose trust and reliability in the system. When we give efficiency that the plea bargain has provided power, it comes at a substantial cost. People who are indeed innocent of the crimes they were convicted have now been influenced into pleading guilty for the sake of efficiency. Not to mention the collateral consequences that accompany a person when they plead out. It also undermines the reliability of convictions in general (Gilchrist, 2011).
Ask to Speak to a Lawyer You don 't have to wait until you reach jail to ask for an attorney. This is one of the best tips for people accused of DUI. As soon as you know you 're being arrested, ask for an attorney and stopanswering questions. Avoid Field Sobriety Tests Taking a field sobriety test easily results in the officer explaining in court that you were unbalanced or slow.The test only serves to add information that police can use against you in court and won 't exonerate you if the officer thinks you 're