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,
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was
recent decades, we have seen what some researchers have marked as a rapid change in sentencing processes and their structure. In our criminal justice system, we can identify 3 sentencing systems. Those would be indeterminate sentencing, determinate sentencing, and structured sentencing with sentencing guidelines. Each system has a particular way of dealing with how to delegate punishment. It is also argued which system is more beneficial to the offender, the victim and community, as well as in terms
Sentencing disparity refers to the differences in sentences that are passed down in the same instances. This can happen on a variety of fronts. It can occur with judges, in different states, states v. federal, different prosecutors, among different victims, etc. (Criminal – Sentencing…2017 p.4) A more specific definition from USLegal.com states that, “Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within
The purpose of the criminal justice system is to deliver justice for all, by convicting and punishing the guilty, while protecting the innocent. Therefore, sentencing became an individualized tool to maintain the standards of the criminal justice system by distributing fair punishments. Sentencing has evolved through the years, for "the Federal Government, all States, and the District of Columbia had indeterminate sentencing systems" penalizing offenders to a specified term or to a range of years
The United States criminal justice system is an ever-changing system that is based on the opinions and ideas of the public. Many of the policies today were established in direct response to polarizing events and generational shifts in ideology. In order to maintain public safety and punish those who break these laws, law enforcement officers arrest offenders and a judge or a group of the law offender’s peers judge their innocence. If found guilty, these individuals are sentenced for a predetermined
Sentencing is defined as the punishment given to an individual who has committed a crime. Sentencing and punishment is nothing new to criminology and has been the pivotal part of the criminal justice system since it began; what is in question is how that sentence will affect the individual and the greater society in the long term; sentencing and punishment although a prominent part of the system has not received major change since the implementation of classical theory and may need so due to the
one to understand the criminal justice system, it is important to study both the criminal law of one’s own country as well as surrounding countries. By engaging in comparative criminal justice studies, one can expand this knowledge through the discovery of similarities and differences in the structure of criminal justice agencies of various nations or states. There are a multitude of factors which could contribute to the differences in each nation’s criminal justice system. By studying the ways in
The criminal justice system is made up of several different aspects that help operate it as smoothly as possible. A relatively new and promising feature of the criminal justice is restorative justice. Restorative justice looks at rehabilitating offenders and reconciling them with their victims and the families. The practices found in restorative justice differ from the adversarial system; they include victim-offender mediation, circle sentencing and restitution to the victims. This paper will discuss
or even could, the Criminal Justice System respond to female crime? If women are not developing as nature initially intended, many other developments will need to come. Times are changing, along with crime, that is why it is important to identify specific steps on how to handle specific female crime, not only male. The concern for this discussion is teacher/student sex scandals. Everyone is curious on how to react to a case of teacher student sex scandal. While the criminal event is now being looked
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
This includes whether or not they chose to charge the defendant with a violation in accordance with a mandatory minimum sentence, in addition to deciding whether to negotiate plea-bargaining. The training of prosecutors does not include deciding sentencing, which prevents the prosecutors from realizing the long term affects of what they are trying to achieve. Mandatory minimum sentences in short, do not reduce crime. Professor Michael Tonry from University of Minnesota Law stated, “the weight of
parole for seventy-five years (Chronicle Herald 2014). Bourque’s sentencing is unprecedented and is the longest sentence in Canadian history (Chronicle Herald 2014). A Canadian judge has not given a harsh a punishment since the final executions in 1962 (Chronicle Herald 2014). I believe my case study would be best suited after the chapter on sentencing. This would be beneficial to students as after reading about the history of sentencing
society today, there are many indicators on the impact of disparities in women sentencing as compared to men. Though women are not highly associated with crime as compared to men, there are significant disparities that tend to show favoritism towards women. Research indicates that men get 63 % longer custodial sentences than women. This essay portrays the disparities and variables that contribute to the gaps in sentencing both genders which mostly points to the role of women in the society and mainly
What is the purpose of the criminal justice system? According to the official Ministry Of Justice website - [www.justice.gov.uk] there is a clear objective that the criminal justice system hopes to fulfil: “The purpose of the Criminal Justice System... is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent.”, and this isn’t just applicable in the UK, many other countries and areas of the world operate to a similar objective