Effectiveness of the jury system in the criminal trial process




















His main focus in the criminal justice system was handling the major crimes, such as drug cases, robbery with firearms, robbery, burglaries, attempted murder, and murder, with an eye on the jury selection process. Simon also did criminal appeals, which taught him to make specific objections to preserve his clients rights if an appeal was needed. Criminal Justice System In order to keep a safe society, it is important to establish a nation with good education to teach people judging from right or wrong , excellent police force to keep our street safe, and most of all, a good criminal justice system to carry out the justice.

United States is a place with little crimes, a nation with nice houses, beautiful beaches, and expensive shops without property just like what I seen in the American movies in my opinion before I arrived. American criminal justice system for more than two centuries.

In its mandate to regulate government power to judge people accused of transgressing against the laws of the society, the mechanism of the jury allows the citizens themselves to determine the guilt or innocence of the person.

Though juries have generally served a vital function in the criminal justice system, the reputation of the jury system has come under fire over the past several years. Commentators charge that the system insulates. Beginning in the midth century, a jury was given the full responsibility to decide on the facts of the case Sparf and Hansen v. This juries the jurisdiction of ultimate adjudication without court interference when deliberating.

Jury nullification. The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Firstly, I will define key terms, e. Lay person, magistrates, Jury members etc.

Lay People A Lay Person has no formal qualification in law. Magistrates Magistrates are volunteers who hear cases in courts in their community. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ.

Judges training, tenure and experience aid the Judge in administering justice. The Judge has more legal education; therefore, better qualified to administer justice. Juries have no formal legal training. It is, therefore unnecessary to retain juries. This essay argues that the ability to administer justice requires more than. The topics of the essay test have been chosen from the textbook. After studying a number of analytical scoring schemes used in the field of study and consulting specialists in the field, the researcher has constructed an essay scoring scheme see Appendix 2.

Aiming at obtaining objectivity and reliability of the test, the score distributed on five dimensions according. In NSW Local Courts, this job is bestowed upon Police Prosecutors, who are specially trained officers ready to represent the community in court, but in higher courts the DPP is responsible for arguing the case.

Their previous life tenure has been reduced to a ten years, under the DPP Act NSW , was amended in , and this has allowed society to trust their decisions and believe that justice will be served. Yet, one significant dispute over the years is the job of Defence Lawyers.

Despite not a lot of negativity going towards solicitors in the local courts, barristers who appear in higher courts are brandished with cruel attacks, as they are too unjust during the trial. In Australia there is a common law right to a fair trial, hence it assumed that those brought before the courts have the right to legal representation, and access to Legal Aid.

Legal Aid is government funded legal representation that act independently of the government and represent people who are unable to obtain legal representation themselves. The right to Legal Aid was established in the case Dietrich vs The Queen where the Dietrich argued that in order to have a fair trial, one must have representation.

Legal Aid, or the Public Defenders Office play a crucial role in achieving justice for the economically disadvantaged, but sometimes there is debate over who it should be distributed to. Justice can seem to elude some victims in when a charge negotiation or plea bargain occurs before a trial can to take place. Although plea bargains are usually arranged to ensure the accused is punished and does not escape a guilty charge, many victims feel left out by the legal system or believe that justice has not been achieved.

One case in which justice seemed to elude the victim was in DPP v. In this case Mr. Koch brutally beat his ex-partner Mrs. May in there garage. Originally Mr. Koch was accused with attempted murder by the prosecution. However, the lack of physical evidence that put Mr. May however believed that she should have had her evidence heard by a jury as she believed her emotional testimony would have helped secure a guilty verdict of attempted murder.

Her opinion however was not considered by the DPP and instead the prosecution settled on the lesser plea of aggravated assault. Although charge negotiation lacks transparency, it also saves the state and therefore tax payers money; as it is quicker and cheaper then a long trial. Plea Bargains also achieve justice for the offender, as they can feel satisfied with their sentence, when they carry out an early guilty plea.

The assumption of innocence until proven guilty is a significant means of attaining justice in our legal system. The burden of proof in our system rests with the prosecution. This burden of proof is so high as a criminal charge is a very serious matter; usually including a prison term, social stigma and the removal from family and support networks.

However many well funded defendants have easily matched the state in their resources available at trial. This leads to many defendants who are guilty of there crime getting off as well as a prolonged trial costing the public large amounts of money.

Evidence and its application in the court is one of the most important factors in our legal system in place to ensure justice. Evidence is material or information that is used in court to prove facts.

Evidence is an extremely important part of our legal system and in many cases justice can hang on an individual piece of evidence.



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