Traditionally and legally the burden of proof is on the prosecution because of the established principle that a person is innocent until proven guilty which is the fundamental principle of procedural farness is criminal law. It is considered fundamental because it is believed that it is better to allow an accused to go scot free than punish an innocent. The party who brings the case has the responsibility to produce before the judge all such necessary materials as are required to prove actus reus and mens rea behind a crime. The same is incorporated in section 101 of the evidence act which in its essence says that the person that desires a Court to give judgment as to any legal right or liability dependent on the existence of facts which he
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.
11. Aside from the legal considerations discussed above, what other problems do you see with the way this interview was conducted? An interview is intended to be informal and held in a non-hostile manner. Having the interview take place in the office of the interviewee is a positive way of setting this tone.
Ethics help us develop moral reasoning, define criminal activity and what society dispense as acceptable punishment. Law enforcement agents need to operate ethically, and the society will more likely be open and ethical in interaction with them. Attorneys need to uphold ethical behavior, and not aiming to win all cases at all costs. Self-participation has to include people’s willingness to share information, participating in the jury and self-reporting criminal activities. Ethics is applied in decision making in criminal justice for effective and just decisions.
They are given judicial discretion but they expected to remain impartial, independent and free from bias. Justice must not be seen as a popularity contest and judicial independence helps in the protection from public outrage due to abuse on issues of public policy .Where there is impartiality there is objectivity. One must consider what is moral and just in the eyes of the
Someone in my field of work that can be best described as being professional is keeping their work ethics in check in every single situation they encounter. Having great work ethics and making good decision on and off duty that will reflect positively upon the department or agency in which they work for. Everyday correctional officers must have high morals, integrity and good values as character traits in order to stand firm in the line of duty. Otherwise inmates will use this to their advantage to manipulate and use it to their advantage of a naïve or weak
Snitch testimony will be more reliable if it is being recorded without edits and not only jury decides if the testimony is valid. Eliminate or limit rewards for testimony, corroborate testimony
To Protect And To Serve: Law Enforcement Police Degree Do you have a deep sense of justice and a desire to serve communities in an impactful way? Does the thought of protecting lies and property while upholding laws sound appealing? Becoming a police officer can be dangerous and stressful, but there are few other jobs that are as rewarding when you make a difference. Modern law enforcement is more complex than ever before, which means that in order to become a police officer it is very beneficial to have a degree in this field.
Justice may sometimes be cruel and harsh, in being so, however, it is universal for each and every one of us and we defend our rights in the name of it. When certain violations of justice occur individual entities are charged with different cases for which they are called up on a trial. For everyone to get a fair trial, there are some aspects to the law that need to be respected. The likes are: the phenomena of the “due process”, questioning the credibility of the witnesses and the role of advocates' persistency when defending their clients. All of these, together with a great deal of other principals, have to be there for justice to be done to the whole society.
Introduction Two males, two rape crimes, yet two completely different types of punishment. Case One: Brock Turner is a 20 years old Caucasian male who was charged with rape of a female who was under the influence of alcohol in California. Case Two: Brian Banks, a black man, was also charged with rape who live in California. He was on the football team and had a full ride scholarship to college when he was charged the time of the crime. These two male have committed the same crimes, at two different time frame, yet one case gets a significantly longer sentence than the other.
I agree! The Consensus model would be ideal because it allows more harmony however our current criminal justice system follows the Conflict model. I think it would be hard to transition into a Consensus model because each department would have to agree to the system as a whole above their own
Out of the countless systems that America has, the criminal justice system has the most complication. Many judges, lawyers, and even prisoners have views on how to improve the criminal justice system but, to be able to pin point the problems of the criminal justice system you must discern what the causes are. Most would say that the problem with the prison system is the overcrowding. A few says the sentencing causes chaos in the criminal justice system. I believe that one or the main problem with the criminal justice system is the sentencing.
America’s criminal justice system need to make a change. We are constantly wasting millions of dollars on prison cells that won’t even be needed if they gave citizens who broke the law quick and easy punishments. In our society today many youths are being sentenced harsh punishments due to petty crimes, these harsh punishments include five or more years in prisons. Our criminal justice system is just plain corrupted and unreasonable. Judges show give fast punishments which are less severe to citizens who has broke small laws.