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Legal Studies- Courts Role in the Criminal Justice System Essay example

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Describe the role of courts in the criminal justice process: The main role of the courts is to interpret and apply the law. In terms of a criminal justice process the court serves as the place in which a trial is heard and a sentence decided. Evaluate the use of the adversary system as a means of achieving justice: The adversarial system is moderately effective in achieving just outcomes for the individual and society as well as attempting to protect their rights. One of the main features that ensure the protection and just outcomes for all people is the consistency of the adversarial system. This means that each case will have the same features with the examination of evidence and witnesses as well as the ability for the …show more content…

Furthermore, legal representation allows you navigate laws that you would not have been aware of absent representation. This legal representation is very helpful as many may not know the rule of the law or understand it. Therefore the legal representation can help the person to understand the case and it is more likely to result in a fair trial that will achieve the required outcome. Access the use of defences to achieving justice. Complete and partial defences are moderately effective in achieving just outcomes and protecting the rights of the individual and society. One of the main issues with complete and partial defences is that some people can get away with charges because they claim that they have a defence to a case. This means that justice will not be achieved for the victim as the accused does not achieve the punishment they should for a crime. This occurs especially when someone wants to get out of the crime that they have committed and so they ‘fake’ a mental illness. This also means that justice will not be served for the accused as they get to walk free, or with a lesser punishment than necessary. This in turn means that the resources of the court will not be used effectively as people may be in mental facilities that do not need to be there. Likewise this reduces the enforceability of the law as it means that people will not be effectively punished due to their deceit or fake defence. On the other hand for those that do have an

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