The law balances the rights of victims, offenders and society to a certain extent in the criminal trial process. Mechanisms such as the use of evidence and witnesses, charge negotiations and juries are ways in which the legal system attempts to balance the rights of victims, offenders and society in the criminal trial process. Whilst they are effective in balancing rights, there are limitations to these mechanisms such as false witness statements, pressure to agree with charge negotiations and issues of bias with juries.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of domestic violence to record their statements as their evidence instead of giving oral evidence in court. It also allows police to use body-mounted cameras when entering domestic violence scenes and record the situation to be used as evidence in court. Victims of sexual assault also have the right to have special arrangements made for them when they are giving evidence. Although the law has been progressive in protecting the rights of victims, issues have risen regarding the e...
... middle of paper ...
...y of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair trial.
In conclusion, the law balances the rights of victims, offenders and society to a certain extent in the criminal trial process. The use of evidence and witnesses in the criminal trial process balances the rights of victims but does not balance the right offenders. Charge negotiations are resource efficient and effective in balancing the rights of victims and society in terms of criminal convictions. Juries uphold the rights of victims and society to a great extent; however, they are ineffective in balancing the rights of the offender as they can be biased.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- American legal system are guarantees of due process found. The “Due Process” law is a term that gives a procedural fairness through a criminal proceeding. The law protects an individual rights through the Bill of Rights. The “due-process model” is to “ensure that innocent people are not convicted of crimes.” In 1960 the “ due- process standard” , Chief Justice Earl Warren, had the effort of to protect innocents from the “power of the state in criminal proceedings.” There is a split between “Substantive” and “Procedural” due process.... [tags: Police, Crime, Misdemeanor, Criminal law]
2099 words (6 pages)
- It could be debated that contemporary sytems of criminal justice are overly bureaucratic and depersonalising to a certain extent. By this it is thought that criminal justice systems involving the police and prison service, Crown Prosecution Service , Probation and the courts are overly bureaucratic and depersonalising. Bureaucratic is the idea of “Relating to a system of government in which most of the important decisions are taken by state officials rather than by elected representatives” (Oxforddictionaries.com, 2015).This could be seen through the functions of criminal justice systems that are to manage crime and criminals under strict rules.However it could be equally argued that crimin... [tags: Criminal justice, Crime, Criminal law, Police]
1325 words (3.8 pages)
- The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice. The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion.... [tags: Police, Crime, Law, Arrest]
1078 words (3.1 pages)
- During the plea bargaining process the defendant takes a deal of a specific punishment without going to trial for the accused crime, this process unclutters the legal system by reducing the number of cases that go to trial and the plea bargain is a method of determining guilt accepted by the Supreme Court. During this process the defendant does not forfeit their constitutional protection guaranteed by law. Some of the guaranteed rights that are still in effect to a defendant that enters a plea bargain agreement are; the right to petition the government for the redress of a grievance, if the defendant enters into a plea bargain and the criminal justice system does not follow the elements of... [tags: United States Constitution, Crime, Criminal law]
1917 words (5.5 pages)
- “The criminal process is part of the State’s response to crime, part of the mechanism which the State applies substantive criminal law to its citizens”. (Ashworth & Redmayne, 2005, p.2) Within this essay, I will be looking at the procedures in the Criminal Justice System. Before laying the foundations of this work, I will briefly dedicate a few lines on what the Criminal Justice System is about. A Criminal Justice System is a set of legal and social establishments for carrying out the criminal law in agreement with a definite set of procedural regulations and restrictions.... [tags: Criminal Justice ]
1038 words (3 pages)
- The Criminal Justice System in the United States of America was established with noble intentions. The basis of the system can be traced back from the first book of the Bible Genesis, and the story of Cain and Able. The criminal justice system was established to be morally suitable for a growing diverse society. Moral dilemmas within the system arise from concerns related to principles of officials’ right and wrong behavior. These principles are often embedded into a culture of the human character, in other words, viewed as essential to the criminal justice system.... [tags: Criminal Justice ]
1646 words (4.7 pages)
- In this essay we will be taking a look into the criminal justice system in England, the components that make it up and also at the different models in which you could apply the process of criminal justice. We shall look at Herbert Packer (1986) and Michael King (1981) in reference to the models. However before we look into the criminal justice process of today, you need to be shown show its origins and how it came about. During the middle of the eighteenth century up to the mid-twentieth centuries, we began to see the emergence of formal criminal justice system as the one we know today.... [tags: Criminal justice, Crime, Police, Criminal law]
1972 words (5.6 pages)
- Gaining an in-depth knowledge of the criminal justice system, throughout my Bachelors program has been exciting as much as an eye opener. Some of the subjects were ones that I did not expect. There were also, ones that had no idea how ignorant I was on the subject. Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.... [tags: Police, Crime, Criminal law, Criminal justice]
1037 words (3 pages)
- Have you ever thought about the world you live in, on how its structure for humans in America. The only society who system and laws were establish by the founding fathers over a century ago. Throughout the century many laws have change but many of the amendments that we follow we interpret through the criminal justice system. As today the laws that are enforced by the government, the media, and political correctness play a major role and also impact the criminal justice system. We are a nation of laws because we have to build a foundation to strengthen the government and be well run country.... [tags: Police, Crime, Criminal justice]
1542 words (4.4 pages)
- The Criminal Justice System refers to the process by which persons committing criminal offenses are arrested, followed by systematic investigation to determine proof. After which charges are laid, defense is raised, trials conducted and sentencing rendered if found guilty or acquitted if innocent. Criminal offense is an evil act or omission punishable by law; and/or a long record of crime. An offense can be a minor or major violation, example of minor offense is jaywalking and some major offenses are murder, arson, and treason.... [tags: Prison, Crime, Criminal law]
1521 words (4.3 pages)