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
According to this justice perspective, the proper role of the justice system is to prevent crime through the judicious use of criminal sanctions. It demands an efficient system that hands out tough sanctions to those who violate the law.
There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent.
* In the criminal courts a judge and sometimes a jury hears a witnesses testimony and other evidence and decide cases by applying relevant law to the relevant facts. People who are not satisfied with a trial court decision appeal cases to judges in the appellate courts.
The criminal justice system plays an important role in this society, it is meant to protect and serve. This “system” is also meant to maintain the peace and enforce the laws set by the government. However, the criminal justice system is not even close to perfect. It has many flaws, some of which are: police brutality, death penalty, mass incarceration, gun violence, and especially wrongful convictions. A majority of the flaws that the system has can be easily fixed and can be set straight. For example, the issue of wrongful convictions has been relevant for quite some time and has the potential to decrease its probability of occurring by focusing on the importance of scientific evidence, rid of faulty witness testimonies, and make sure that the lack of evidence and/or government misconduct, if applicable, does not determine the outcome of the case.
The US Constitution defines the federal government as “The Supreme Law of the land”, known as the Supremacy Clause. Article VI, Section 2, of the U.S. Constitution states that, should the federal government exercise their rights enumerated in the Constitution, they would prevail over any conflicting state implementation of power. The clause ensures that the federal laws take precedence over state laws and ensures that state judges uphold these laws. The Supremacy Clause checks the power of the local governments by
The problems surrounding the criminal justice system range from a variety of issues in different areas of the system. But i believe they are all connected back to a societal problem, that has to do with a outdated philosophical notion “redemptive violence”. I will break down each aspect, which i find most troubling. I will cover problems between policing and peacekeeping, corrections options, and the issue of redemptive violence which is a major issue in the philosophy of the criminal justice system. These issues represent problems that have always been key topics when discussing problems of ethics in criminal justice. Policing and Peacekeeping are roles that have long been debated in usefulness to stopping crime. Corrections comes with the reality of incarceration having little chance of success but more likely a higher rate of recidivism. I well also touch on briefly the issues of attorney discretion. While the issue of redemptive violence ties them all in, As i well show this philosophy is the “root of all evil” in the issues facing the criminal justice system.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
A court is a way for society to formally punish wrongdoers or criminals and make decisions. Courts determine behaviors based on society beliefs on what is acceptable behavior and which behavior is not and deserves punishment. Courts also decide on what is fair, just, punishment, how long to enforce a punishment, and innocents. Courts interrupt laws that can have impact on citizens, businesses, private parties, government officials, and many more. The purpose of the court is to upholding the law, protecting individuals, resolving disputes and reinforcing social norms. There are three elements to be considered a court in America. The first is the court must have the proper legal authority to be a court. This is given by constitutions or statues that have been created. The second is courts are found in the judicial branch. There are some exceptions to this but for the most part all courts will fall under the judicial branch. The third is when a court makes a
In order to keep a safe society, it is important to establish a nation with
This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.
When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.
Prosecuting those who commit crimes is very important to the overall wellbeing of society and the citizens within society. Prosecuting and convicting criminals not only prevents them from committing another crime, it also serves as a deterrent to others that may be considering breaking the law. Many courts make up the judicial branch and these courts are responsible for applying laws made by the government. The courts are made up of courtroom workgroups that are the basis of the courts proceedings.
The development of specific rules of evidence from the 18th. century onwards were much influenced by the jury system of trial. Concerns with the ability of lay juries to evaluate and assimilate various data led to safeguards being introduced The perceived need within the current adversarial system for such “rules” has, as
To progress as a society, we must first look back at all the hardships faced throughout the years. We must look at the world leaders who were able to convince entire countries to eliminate millions of people different than themselves. We must understand the groups of extremists spreading terror and fear across the globe, and we must control people in power abusing their positions to benefit themselves and their agendas. Instead of ignoring these human mistakes, we must break them down and figure out how they could happen. Artificial Intelligence relies on our abilities to learn from our mistakes and mold our future in a way that will be beneficial and equal to all people. This paper will present the many benefits that A.I. will give
In the following paragraphs, we will take a closer look at, how deep neural networks are implemented, explain how adversarial attacks work and look into a possible way to defend against them. Additionally, we will analyze if these attacks are of any concern outside of research environments where an attacker might have more access to the targeted architecture than they may have in the real world.