GROUP 2
CJS2202 CRIMINAL PROCEDURE
What is the criminal justice system?
The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. There is no single criminal justice system in the World but rather many similar, individual systems. How the criminal justice system works in each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or military installation. Different jurisdictions have different laws, agencies, and ways of managing criminal justice processes. The main systems are:
•State: State criminal justice systems handle crimes committed within their state boundaries.
•Federal: The federal
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Due process of law is regarded as the most appropriate way to attain justice. Violation of procedure leads to exclusion of evidence in the court. Secondly the position of the court is regarded as that of an arbiter. Both parties contest in the court of law and argue out there cases with facts. The court is to see whether re he parties involved argue the game being played before it is fair and conducive to justice or not. The representation of lawyer from both sides is obligatory, the accused has right to silence. He need not give evidence from his side. Prosecution must prove the guilt beyond reasonable doubt lastly the accused may claim benefit of doubt Individual 's right to privacy is best preserved under it.
Its demerits is that the accused does not help the police during investigations hence the prosecutor has the mandate to look for evidence to submit in the court hence the police must work on his own strength against the accused. Too much insistence upon procedure some time may lead to acquittal of the accused and impunity on the offence. The judge in the court as an umpire is a misleading conception since one only judges according to the evidence submitted in court.
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Minor error in the procedure is ignored, if the purpose of justice is solved. Procedure is not held vital, ultimate justice is regarded as the goal. All the component of criminal justice system, i.e. the police, the prosecutor, the defense lawyer, the court and the accused must help to secure justice. So, the accused has no right to silence. Any distortion of evidence, dubious practice followed by the accused or by the lawyers can be easily detected with the effort of the court. Its demerits are Participation of the court in the inquisition of the case may lead it to biased attitude for example if one is involved closely with the issue being dealt with or a person close one will tend to push the case to the limit. Right to privacy of the accused is denied and that the accused is exposed to express everything which he need not express keeping in view of the merit of the case. The prosecutor or the police having separate law to deal with their conduct may misuse their power and is likely to exceed their authority, which they are not entitled to. Supremacy of law and equal treatment of the law for all segments of the society is not entertained. (C, 1996)
After a close analysis of the inquisitorial and adversarial system of justice l came to the conclusion that the systems have provided an interesting comparative insights. Those attempts reveal important contemporary goals of criminal procedure.
The parties decide what evidence to present, what witnesses to call, and how to question them. The judge is to be a neutral during the process and uphold the principles of fairness and equality, although he does make determinations of fact and law. The adversarial system is usually found in places with a common law system. In an inquisitorial hearing, the judge has a more prominent and active role in regards to evidence and questioning the witnesses. The inquisitorial system is typically found in places with a civil law system.
From how the process worked, it showed that they dt provide a thorough job. They made a pre bias assumption of only focussing on Adnan. The entire case illustrated unfair actions which was the main reason for putting Adnan away unjustly. All in all, the system can not be perfect. There will always be flaws in the cases and that should hope to evolve and be fixed in the future.
When a person in the United States commits a crime they will be penalized for that said crime. The United States criminal justice system is the department established by the government to control crime and impose penalties on those who violate the law. The criminal justice system has allowed the government to lock away several people who have committed several crimes and who are a danger to society. With that being said, the criminal justice system also has some flaws. For instance, sometimes wrongfully convicted people get put in jail like in Adnan Syed’s case.
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
It is a very important responsibility that everyone should take seriously because the fate of another person is on his or her shoulders. Juries are there to decide “guilty” or “not guilty” based on the facts and evidence presented. This paper will
All in all, the judicial system has cracks in the foundation, but it is on the right track. Our system is not perfect but it is better than not having anything. The judicial system gives individuals the chance to prove their innocence and to fight for the
Adversary system is the government and the defendant, the government must prove the charge beyond a reasonable doubt before the defendant can be convicted. The defense must present evidence before a jury and the jury decides on the case if either the defendant is guity or non guilty of the charge, this is known as a verdict. The idea of the court system is to show the truth to emerge either by the defendant or the prosecution. Each side of the trial the defendant and the prosecution have full opportunity to present their ideas and a truth would emerge between the two. In some cases, if it is acceptable with both parties, the judge can decide a case without a
Let us break down what justice is; justice is behaviour that is just or fair. So the justice system is the system that enforces the law which involves apprehending the accused, prosecuting the accused, defending the accused, sentencing and punishing the guilty. The justice system makes sure that every citizen is heard for and is helped according to what has happened to them. The criminal justice system today When a person commits a crime there are different levels of punishment and decision making if a person has committed a minor crime like speeding, littering, shoplifting, prostitution, vandalism being drunk, possession of drugs etc.
The judicial system is very important in the administration of justice for any society. Functions of the system are clearly stipulated and defended by the constitution of any nation. For a judge to pass a ruling on a suspect, the trial has to go through several stages before a final ruling is arrived at. Thus, one would believe the judgments made are considered fair making the judicial system a defender of justice and fairness.
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.
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
Misrepresentation and Concealment of Evidence is a very arduous issue in the legal chronology which cannot be overlooked. The concealment of evidence takes place in the trail in many different ways and one of them is the introduction of false evidence by the prosecution in which the prosecutor falsely misrepresents the facts of the case and evidence which are required during the trial in different cases. The legal system in India and anywhere outside India crave long and convoluted process which consist of many interconnecting parts and elements which are stand in need to meet the ends of justice. When the law is broken by the very people the public trusts to enforce the law, meaningful action must be taken.
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.