criminal justice system and justice for society (1 Viewer)

[Deceptions]

hay i need a few points for
criminal justice system ensuring fair trial for criminals
-rights of accused
-role of court personel
-difficulties faced by aboriginals people in achieving justice

and

Effectiveness of the criminal justice system in achieving justice for society

i need help asap assignment is due on friday and its an "in class"
which means teacher is making us go in there with no notes and for the whole period we are to right 2 essays and short answers
thanks in advance

 

[imnotwallace]

Some rights of the accused:
Right to legal representation in serious cases (Dietrich case)
Habeas Corpus ~ Right to know your charge. (They can't lock you up for no reason)
Natural Justice ~ Unbiased hearings.
Assumption of innocence.
Burden of proof ~ Beyond reasonable doubt.
Right to remain silent. (no-one can coerce you to speak. In fact you shouldn't have to say anything. Its up to the prosecution to prove you guilty, not to prove yourself innocent - see the Chamberlain case.)

Court Personnel (from what I remember):
Judge/Magistrate ~ decides upon cases. In jury cases, the judge guides the jury as to relevant points of law and helps clarify aspects of the case. Also mediates between both parties (defense and prosecution)
Prosecutor ~ Legal representative of the Crown/State against the accused.
Defense Counsel ~ Legal representation for the defense.
Bailiff ~ An officer of the court that executes orders and directions of the court. e.g. enforcement warrants, claims
Court Reporter ~ Documents the details of the case through transcript.
Jury ~ Decides upon serious cases

Aboriginal disadvantages (From what I know):
Higher conviction rate of Indigenous defendants. (2 guys walk into court, both having committed the same crime, one black one white. Which one walks out a free man?)
High re-offending rate of criminals.
Prejudice and racism. Stereotypes.
Common law solutions can be just plain ineffective in sanctioning their crimes. Talk here about customary law resolutions such as Circle Sentencing.

* Remember that when discussing the criminal justice system, summary hearings of cases speed up the court process. Also refer to hierarchy of appeals.

 

[Deceptions]

thanks a lot