The Criminal Justice System

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With the introduction of new laws and changes in the judiciary, the courts have become the most dominating force of focus from the public. Two vital aspects of the courts systems are legal representatives and the jury. One of the most severe barriers to achieving justice through the judiciary is the possibility of producing wrongful convictions. One of the main aims of the criminal justice system is to guarantee that the accused, who is on trial for a criminal offence, is ‘dealt with fairly [and] justly’, and to ensure they are ‘convict[ing] the guilty and acquit[ing] the innocent’ (Daly, 2003, p.3-4). However, with the impediments of accessing legal representation and the possibility of jurors inheriting bias, the attempt to treat accused …show more content…

It may be the most extreme injustice possible to inflict on an innocent individual, thus making it a large barrier restricting effective fairness and impartiality in the criminal justice system. There are several factors which may lead to the conclusion of an incorrect verdict; including eyewitnesses wrongly identifying the attacker, forensic errors or fabricated confessions (Langdon and Wilson, 2005). It has been estimated that over 300 Australian prisoners are currently serving a sentence for an offence they did not commit (Sangha and Moles, 2014). If there is a possibility for a wrongful conviction, then it would be considered a double failure of the criminal justice system. Firstly, an innocent individual has the onus of responsibility for a crime they did not commit, and secondly, the actual guilty person is blindly granted freedom within society (Martin, …show more content…

The judge is unable to intervene to assist either parties, thus individuals such as Dietrich are left without any assistance or legal advice; and more so, the complicated rules of evidence additionally impede the self-represented litigant’s ability to present an adequate case (Germov, 1995). Legal aid bodies, who represent individuals only based on certain conditions, place significant pressure on the accused and almost forces them into a guilty plea when they are innocent; and this will undoubtedly lead to the defendant having a having a higher chance of being wrongfully convicted considering they are unwillingly entering a guilty plea. At the very least, some education/advice should have been provided for Dietrich – including the understanding of criminal procedures and methods for presenting his case (Nicholson,

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