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A thesis about the criminal justice system in the united states
Strengths and weaknesses of the criminal justice system
Criminal justice system in the United States
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The criminal justice system is a complex structure of separate parts that must work together to achieve justice as an end result. Justice isn’t always served and sometimes the wrong person goes free, robbing the victim of any possible closure. This is shown in the movie, Fracture, where an intelligent and wealthy man named Theodore Crawford goes to trial for the attempted murder of his wife, putting her in a coma and on life support, and ultimately gets off due to a lack of solid evidence. The motive behind the attempt on his wife, Jennifer’s, life is that she’s been engaging in an affair with Detective Robert Nunally, who would later unwittingly play a huge role in getting Theodore Crawford off. William Beachum, the prosecutor, is a cocky, …show more content…
This amendment also asserts that the individual has a right to know and understand exactly what they are being charged for and to gather witnesses for his or her defense. This is shown in with Crawford being informed of his rights during the trial and having access to information so that he would be able to fully comprehend what was happening and how he could properly help himself. Theodore already being quite intelligent, and somewhat knowledgeable in legal procedure, was what aided him in competently representing …show more content…
Attempts to take advantage of the constitutional rights can be seen from the defendant to benefit himself and the prosecution to benefit the system. For example, Theodore Crawford used the Fourth and Sixth amendments to his advantage in that not only did he cleverly conceal the murder weapon in plain sight, but he also used the prosecution’s witness to give himself an edge in the trial. Just hours before the crime took place, Mr. Crawford followed his wife and Detective Nunally to where they go to continue their affair, and switched his gun with the detective’s, both of them having the exact same gun. This took planning and flawless execution on Crawford’s side, suggesting that his course of action was completely premeditated and that he had been plotting his crime for a good portion of
The Petitioner filed a motion for a new trial on the basis of newly discovered evidence disputing that the Government was negligent in disclosing a purported promise of leniency made to Robert Taliento, their key witness in exchange for his testimony. At a hearing on this motion, the Assistant United States Attorney, DiPaola, who presented the case to the grand jury admitted that he promised the witness that he would not be prosecuted if he testified before the grand jury and at trial. The Assistant (Golden) who tried the case was unaware of the promise. The defendant seeks to overturn his conviction on the grounds that this non-disclosure was a violation of his Due Process rights under the Fourteenth Amendment.
At the time of trial, Mr. Wardlow tried to suppress the handgun as evidence due to the fact that he believed the gun had been seized under an unlawful stop and frisk that violated his Fourth Amendment rights. The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a showing of probable cause in order to obtain a warrant before conducting such searches. “In a trial motion to suppress the gun, Wardlow claimed that in order to stop an individual, short of actually arresting the person, police first had to point to ‘specific reasonable inferences’ why the stop was necessary.”(Oyez, 2000) Recognizing that an investigati...
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
The rights of Dwight Dexter in the Fifth Amendment were violated. The amendment prevents the government from prosecuting people unfairly. Accused cannot be jailed or have their property taken without due process
6th amendment: we should keep the 6th amendment to allow the people have the right of having assistance. The right to counsel protects all of us from being subjected to criminal prosecution in an unfair trial. This right is more important when the accused faces the death penalty. For example the case of Bradley Manning who was serving for U.S military was arrested for leaking information and aiding the enemy in Iraq and Afghanistan.” Recently, Manning’s defense attorney, David Coombs, filed a motion stating that Manning’s charges should be dismissed because his right to a speedy trial has been completely violated”. So the point is that he at least could defend himself by the information that he had. The importance of this amendment is that
The novel Theodore Boone: Kid Lawyer has a very in-depth conflict that is showcased all throughout the novel. In Theo's community, there is a high-profile murder trial about to begin. Mr. Pete Duffy, a wealthy business man, is accused of murdering his wife Myra Duffy. The prosecutors have the idea that Mr. Duffy did it for the one million dollar insurance policy he took out on his wife earlier, however they have no proof to support this accusation (Grisham 53). The defendants do however have the proof that no one saw the murder, for all everyone knew, Mr. Duffy was playing his daily round of golf at the golf course right by his house. As the trial moved on, the jury was starting to lean towards letting Mr. Duffy walk a free man. To this point, there has been no proof to support the prosecutors statements that Mr. Duffy killed h...
In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).
During the course of our class we have encountered plenty of important topics and vital information that is essential to the field of the Criminal Justice system. Such as; Crime and justice including laws, Victimization and Criminal behavior, Laws, Police officers and Law enforcement and the criminal justice system in itself. These topics are daily situations yet individuals are oblivious to what's going on and that in it can be a major problem to the community. On that note this paper will express the ignorance and selfish values of twelve individuals by fully explaining the movie "Twelve Angry Men"
The Self-Incrimination Clause of the Fifth-Amendment to many American citizens and law makers is considered abstract. The complexity of this concept can easily be traced back to its beginning in which it lacked an easily identifiable principle. Since its commencement in 1789 the United States Judicial system has had a hard time interpreting and translating this vague amendment. In many cases the courts have gone out of their way to protect the freedoms of the accused. The use of three major Supreme Court disputes will show the lengths these Justices have gone through, in order to preserve the rights and civil liberties of three criminals, who were accused of heinous crimes and in some cases were supposed to face up to a lifetime in federal prison.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
"That in all capital or criminal Prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for Evidence and be admitted counsel in his Favor, and to a fair and speedy Trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the Government of the land and naval Forces in Time of actual war, Invasion or Rebellion) nor can he be compelled to give Evidence against himself. "
These are not the only reasons for urgency to find a killer; the Solicitor General of Atlanta’s circuit, Hugh M. Dorsey, desperately needed a successful conviction because he had recently failed to convict two accused murderers. He was concerned about putting together a case that would hold up in court; no matter what lengths he had to go to in order to accomplish this. Overtime, it became obvious that Dorsey did not necessarily believe that Frank was guilty, but recognized that the political values of his position were uncertain.
How could she, his wife, betray him and kill him with no remorse? The article, “Trial Lawyers Cater to Jurors’ Demands for Visual Evidence,” written by Sylvia Hsieh, stresses the importance of visual evidence. Hsieh writes in a formal tone as she delves into a pool of various example trials used to explain visual evidence, along with specific quotes obtained from well-known lawyers and workers in the industry. This simply states the recurring idea that visual evidence is important.
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.