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Importance of criminal justice in society
The Role of the Prosecutor and its challenges
The Role of the Prosecutor and its challenges
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Recommended: Importance of criminal justice in society
Across the world, there are a great deal of people that are likely to become victims of offenses against themselves or their property. The criminal justice system is used to govern crimes and impose penalties on individuals that may violate laws. The criminal justice system is made up of different agencies that include: law enforcement, the courts, and corrections. Within this paper, I will discuss the roles of the prosecutor, the defense attorney, the criminal, and the victim and how victimization affects each role. Also, I will inform you about the goals of sentencing associated with each role. The goals of alternative sanctions will be discussed. I will also let u know what recommendations I have regarding victims’ rights. The prosecutor’s role within the criminal justice is meaningful. According to "The National Center for Victims of Crime" (2012), prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process from the first appearance of the accused in court is acquitted or sentenced. Prosecutors must determine if they should pursue a case or drop the charges based on evidence that law enforcement provides. It is their duty to present evidence in court, question witnesses, and decide if they should negotiate a plea bargain with the defendant ("The National Center for Victims of Crime,”2012). Prosecutors cannot allow their personal belief to interfere with the case. Their main objective is to seek justice. The role of the defense attorney is just as important. Unlike prosecutors, the defense attorney works for the accused. It is their duty to prove that the defendant is innocent. If they cannot prove innocence, they should present mitigating factors to get a ... ... middle of paper ... ...t assist victims should continue to reach out to them and be available as needed. The criminal justice system is necessary to society. Without it, there would not be any order. The criminal justice system restores and maintains justice. Everyone’s role is important in the criminal justice system. The prosecutor mainly pursues a case, the defense attorney defends the offender in the case, the victim reports the offense against them, and the criminal cooperates with the courts to get the least possible penalty. Alternative sanctions can help offenders by rehabilitation. The four individuals are vulnerable to victimization, hence each must play his/her role well with substantive evidence to ensure the objective of the achieved system. As stated before, the criminal justice is essential to society it protects innocent citizens and punishes those that do harm.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
Discuss the nature of victim participation in the criminal justice process. Provide your assessment on the adequacy of this participation.
Cole, G. F., Smith, C. E., & DeJong, C. (2014). The Criminal Justice System. Criminal justice in
The film our group has recently watched, an American courtroom crime drama film “Anatomy of a murder”, is considered to be “the finest pure trial movie ever made". Among other important aspects of trial, it reveals the extremely important role of a defense attorney and the power of words. Actually, the job of a defense attorney is to reach the best possible outcome for the client by hiring and managing investigators, gathering information from witnesses and studying similar cases. In some cases, talented attorneys manage to convince the jury and the judge in the innocence of an accused person or to commute a sentence in his favor, even if the circumstances seem hopeless.
When you're faced with being accused of a crime or a legal violation, it may become necessary to consult the expertise of a criminal defense lawyer to not only present your case in court and ensure the best outcome, but who can explain the legal process as you encounter it step-by-step. You very likely have many questions regarding criminal law and the legal procedures that govern the law, and one mistake can significantly impact your life in a criminal case. a qualified criminal defense attorney aims to protect your rights during your case from it's beginning until an end result has been reached.
This essay will discuss the role of the criminal justice professional in serving both individual and societal needs. It will identify and describe at least three individual needs and three societal needs, in addition to explaining the role of the criminal justice professional in serving each of these needs. Illustrative examples will be provided for support.
Prosecutors, for many years, are empowered with making decisions about who to prosecute, how many years the defendant could get, who gets a plea deal, and who does not.
In this paper, I propose to talk about how all the three parts of the criminal justice system works and also delve a little bit on the issue of racism in context of the criminal justice system as a lot of people believe that the system most of the times acts keeping the individual’s race in mind.
The three conditions that must be met in order for a prosecutor to charge a person with a crime or crimes is has a crime been committed, has a perpetrator been identified, and is there enough evidence to prove beyond a reasonable doubt in order to get a guilty verdict. A prosecutor has complete autonomy on deciding to prosecute a person. The prosecutor is the “most powerful actor in the administration of justice” (Bohm & Haley, 2011, p. 284).
Prosecutor’s duty is to seek justice, present the judge and jury with facts and sound legal arguments that result in the conviction of the guilty defendant and not conviction of the innocent as we have seen in many cases in the past. They have a duty also to disclose exculpatory evidence to the defense attorney (Burke, 2010. P. 2135). Prosecutors consist of the group of criminal justice professionals with no accountability for their professional action or deliberate inaction. They willfully manipulate facts and evidences in order to secure a conviction at all cost. They are driven, not by the desire to ensure justice, rather, they are fixated on winning by all means possible, to enhance their professional record of successes, measured by the number of cases they prosecuted that resulted in conviction. Schoenfeld (2005) thinks prosecutors’ “score-keeping mentality” or conviction psychology that compels them to win at all costs, is the reason for prosecutorial misconduct (Schoenfeld, 2005. P. 252). Morey, (2012) states, "prosecutorial misconduct stems from a 'win at all cost ' mentality underlying the desire to further a
The prosecutor and criminal investigator square measure 2 cogs that have to work along to achieve success in making an attempt a criminal case. The prosecutor should swear upon the investigator to tell them of all aspects of the case that they designed, and the investigator must accept the functionary to achieve justice for the victim, their family, and the community. Any criminal trial is an adversarial match between the functionary and the defense and facets either side can use all the data on the market to them to induce a win for his or her side.
Prosecutors will choose not to take a case when there is no harm has taken place. Also, due to lack of resources and shortage of staff, a prosecutor have to make a decision to accept or dismiss a case. For example, if it is he or her first time committing a crime, a prosecutor want to be fair by imposing their own justice (Bohm & Haley, 2011).
The next era was the Dark Ages of victimology, which began in the middle ages through the 1900’s, as a result of a more structured local government and the development formalized legal statutes, law enforcement, courts, and corrections. During this era the victims and the crimes against them were forgotten as the criminal justice system developed. Offenses were considered crimes against the state or the laws of the king instead of against the victim or the victim’s family. As the criminal justice system grew, victim’s involvement decreased to being nothing more than being a witness for law enforcement or the prosecution, and punishment and rights superseded victim rights, restoration and disregarded what was in the best interest of the victim (Turvey,
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
Do you swear to tell the truth, the whole truth and nothing but the truth so help you God? This is a statement that is often heard inside the courtroom, one that all must swear to as they attempt to testify in a court of law. The constitution of the United States allows accused to be judged by a jury of their peers to determine their guilt or innocence (Abadinsky, 1995). In order for that to take place a trial must be conducted to allow the evidence to be presented. In order for that to happen the state must have its attorneys present the facts that have been discovered. It is the responsibility of the state attorney or prosecutor to convince the members of the jury that the events being presenting are true and that as members of society they should find the accused guilty and thus assess some type of penalty. At the same time it is the job of the defense attorneys to persuade the jury to find their client not guilty based on their story.