"State and defend Popper's proposed solution to the Problem of Induction" In the United States, there is a universal saying in the court system, "innocent until proven guilty". Essentially, every living person begins their life as innocent. They remain innocent until they are proven to have broken at least single law. Only at that point are they then classified as "guilty". However, what if it were instead that we accepted a person is "guilty until proven innocent".
The court may state without any fear of contradiction that if the failure of justice is not bestowed its due signification in a case of the present nature, every procedural lapse or interdict would be given a privileged place on the pulpit. It would, with unnecessary interpretative dynamism, have the effect potentiality to cause a dent in the criminal justice delivery system and eventually, justice would become illusory like a mirage. It is to be borne in mind that the Legislature deliberately obliterated certain rights conferred on the accused at the committal stage under the new Code. The intendment of the Legislature in the plainest sense is that every stage is not to be treated as vital and it is to be interpreted to subserve the substantive
I agree with this statement of William Blackstone. This quote means that an innocent person should not be falsely accused and therefore, it 's better for ten criminals to be let free. It is not fair that one does the harm and another bears the blame. Punishing someone for a crime they did not commit is just as terrible as committing a crime itself.
A defense attorney may be faced with defending clients whom the attorney believes is guilty of the crime charged. Many would ask the question why advocate for someone’s innocence if your beliefs contradict. The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, … and to have the Assistance of Counsel for his defense.” If a lawyer is a person who practices or studies the law and the constitution of The United States is the supreme law of the land. Lawyers have an obligation to counsel weather or not innocence or guilt plays a factor.
Changing History Here in the recent years, it has been discovered many times that some of our favorite heroes, such as Paul Revere and John Smith, have lied or have had false claims made towards their actions. Take Revere for example; a poem was written about his midnight ride during the 1860’s, when our country was falling apart due to the Civil War. This poem took all the credit from the 40 plus people who rode that night and gave it to Paul.
For me, law is the driving force in maintaining a world of justice and order. We live in a world where the horrific consequences of worldwide terrorism are played in front of our very eyes, yet we stand and continue to watch. Living in London has made me victim to such consequences. As a Muslim, who has chosen to wear hijab, I feel more susceptible to Islamophobic attacks. It has instilled and derived a fear, a fear which prevents me from going about my day as candidly and carefree as I once did.
One prisoner that we saw during the lecture told the interviewer that he once he got out on parole, he was going to commit a crime in order to get back into prison. He knew that he would not be able to keep up treatment for his mental illness outside of the system as he did not have support outside of prison. I do not blame him. This sort of situation could easily have been avoided. His threat to commit another crime and his general wishes should have been taken into consideration when he came up for consideration for parole.
Imagine a donut shop that has the purpose of baking donuts daily for one hundred customers, and every day, seventy-six of those customers return to the shop to demand a refund. If the shop owner gave each of them a total refund, then the store would only make a profit off of twenty-four customers. With a success rate of only twenty-four percent, the logical next step for this business would be to close down or change how they serve their purpose. Unfortunately, this example of a failing donut shop is exactly what the prison system in the United States is dealing with. The fundamental purpose of prison is to remove those who have committed crimes from society, and then educate them to be good citizens.
Deviance and crime is a common characteristic of Canadian society. Deviance is defined as: “recognized violation of cultural norms” (2013, pg.465). While crime is defined as: “recognized violation of society’s formally enacted criminal law” (2013, pg.464). There are some universal similarities about what we as humans consider morally deviant, still, what is regarded as deviant or criminal behavior in Canada may not resonate with other societies. Some behavior “can fall right in between deviant and criminal” (Healy, 2012).
The pretrial services program instituted in 1960 was developed with the aim of improving the judicial system. It was set that for a bail to be granted to an arrestee a few things had to be verified to ensure a sound the program worked effectively. Firstly, information about the arrestee was to be verified and scrutinized with the focus on his or her past criminal history, history of drug and alcohol abuse, employment and residency. The chances that an arrestee would fail to appear in court on his day in court had to be assessed. Lastly, supervision was paramount, with the progress of the arrestee being assessed and their compliance with the conditions set before their release.