Constitutional Law and The Criminal Justice System - Coursework Example

Comments (0) Cite this document
Summary
Name: Course: Tutor: Date: Constitutional Law and the Criminal Justice System Lawyer Present during A Trial Ensure Fairness The presence of a lawyer during a trial ensures fairness as the lawyer seeks to present the case within the most favorable means by making sure that every perspective is covered (Harr, Hess, & Orthman, 2012 373)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.8% of users find it useful
Constitutional Law and The Criminal Justice System
Read TextPreview

Extract of sample "Constitutional Law and The Criminal Justice System"

Download file to see previous pages This is more in presenting or challenging the evidences within a meaningful manner. Furthermore, the lawyer helps in maintaining the proper conduct of the defense, in addition to guiding their clients all through the trial in such a manner that the defense is displayed with its complete force plus effect (Harr, Hess, & Orthman, 2012 372). Both sides need to know how to establish their position that is why the presence of the lawyer is significant. Furthermore, given that the responsibility of the lawyer is to take steps for the benefit of another person is a fiduciary relationship, then the presence of the lawyer makes the trial to be fair as it generates particular legal obligations as well as responsibilities (Harr, Hess, & Orthman, 2012 374). Why People Prefer Pro Se Representation People would want to represent themselves in court pro se, mainly for the reason that they have a distrust for lawyers in general. Others believe that they can personally deal with their defense effectively, and others will seek to represent themselves owing to their lack of qualification for legal aid and hiring a private lawyer turns out to be expensive (Harr, Hess, & Orthman, 2012 387). ...
with complexities, there should be a right to self-representation but this should only be based on the intricacy of the case as well as the formality of the debate (Harr, Hess, & Orthman, 2012 390). Notably, when individuals represent themselves they are accorded the possibility to truly articulate what they feel instead of having their insight filtered through the lawyer. However, when it comes to criminal trials, self representation should not be in place due to the complex nature of the trial process. In complicated trials it is difficult even for the most intelligent and educated citizen to learn the complex aspects of the law, and as a result precise court procedure can be complicated and stressful. Thus, the objective for a lawyer in complicated cases rather than self representation is to safeguard the integrity of the procedure and to guarantee a fair trial (Harr & Hess, 2007 388). Trial by Media Limitation Even though, a public trial advances the fundamental fairness of the trial as well as the position of fairness when it comes to enhancing public confidence, there has to be a balance between the sixth amendment right of the defendant on one hand and the general public first amendment rights on the other hand (Harr, Hess, & Orthman, 2012 366). Hence, the media is not allowed to attend every trial unless there is a compelling reason in doing otherwise, in particular the safety. The other boundary is when the coverage by the media can cause a worry that the accused will be in danger due to disruption within the court, or the trial becomes somewhat of a three ring spectacle which in the end wipes out the dignified atmosphere as required in court proceedings (Harr, Hess, & Orthman, 2012 366). Barring the Media from Attending Trials This issue of the defendants ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constitutional Law and The Criminal Justice System Coursework”, n.d.)
Constitutional Law and The Criminal Justice System Coursework. Retrieved from https://studentshare.org/history/1446679-due-april
(Constitutional Law and The Criminal Justice System Coursework)
Constitutional Law and The Criminal Justice System Coursework. https://studentshare.org/history/1446679-due-april.
“Constitutional Law and The Criminal Justice System Coursework”, n.d. https://studentshare.org/history/1446679-due-april.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Constitutional Law and The Criminal Justice System

Criminal justice system

...? Criminal Justice System Criminal Justice System Introduction Criminal justice system encompass a chain of events, activities, functions, and tasks constituting official measures taken by different governmental and non-governmental organizations in maintaining order and law. Crime justice systems ensure peaceful coexistence in a society. In most cases, criminal justice system includes various concepts such as preventing and reducing crime, arresting and prosecuting...
3 Pages(750 words)Research Paper

Criminal Justice System

...? Research Design I.D. Number: Term and Year Criminal Justice System Introduction The criminal justice system is the cohort of processes, agencies, and codes established by the governing authorities to control transgressions of law and enforce penalties on the persons who breach laws. In USA, there is no solitary criminal justice framework but rather numerous similar but distinct systems work together. The working of the criminal justice systems in the different areas depends on the authority that is in...
3 Pages(750 words)Essay

Criminal Justice System Structure

...local law enforcement bodies are failed to resolve the crime. These five components are: 1- Local Law Enforcement: Local law enforcement bodies constitute of police and other crime controlling authorities. Anyone who faces crime reports to these bodies. Police play an important role in providing initial justice to the victim. Police also play an effective role in dealing with low level crimes such as high speeding or trespassing. These low level crimes can be resolved directly by the involvement of the police (Walker, 1977). For severe offenses, the police precede the victims of the crimes and the offender to the court system for fair...
8 Pages(2000 words)Research Paper

The Criminal Justice System

...of legal, diversity and ethical issues that are confronting American criminal justice system as of date in an exhaustive manner. Key Words: Traditional policing, community policing, legal, ethical and diversity issues Criminal Justice System There has been a 605% increase of violent crimes in U.S.A alone since 1953. Americans view violence and crime as the most significant issue being witnessed in U.S.A. A good criminal justice system helps to maintain law and order of a country under control. Even though, the administration is toothed with an exhaustive power to trace...
10 Pages(2500 words)Term Paper

Criminal justice/ criminal law

...: How the ICC Defense System Affects the Accused’s Right to a Fair Trial.’ Northwestern Journal of International Human Rights, Vol. 8(1). Lattimer, M. & Sands, P. (2003). Justice for Crimes against Humanity. Hart Publishing. Lechner, F. & Boli, J. (2005). World Culture: Origins and Consequences. Wiley-Blackwell. Leonard, E. (2009). Global Governance and ICC Effectiveness: The Current State of Humanitarian Law Masson, A. & Shariff, M. (2009). Legal Strategies: How Corporations Use Law to Improve Performance. Springer. McGoldrick, D. & Rowe, P. & Donnelly, E. (2004). The Permanent International Criminal Court: Legal... ...
16 Pages(4000 words)Essay

CRIMINAL JUSTICE SYSTEM

...of police arrest procedures. The justice system also offers stiffer penalties to offenders to prevent recurrence of crimes and this affects the offenders. Some people advocate for rehabilitation of victims rather than stiffer penalties so that victims can mix with society well after their sentence hence prevent recurrence of crimes. The mandatory sentencing laws passed by the congress to fight against drugs have a great impact on the blacks. The congress approved harsher punishment for possession of crack cocaine which is mostly dealt with by the young blacks than the powder cocaine which is mostly handled by the whites (Banks, 2004). This constitutes discrimination as...
8 Pages(2000 words)Term Paper

US Criminal Justice System

... US Criminal Justice System The US Criminal Justice System consists of two tiers- the state courts and the federal courts. States are free to provide their citizens with freedoms as long as they do not contradict any constitutional rights (Tarr, 1998). The founding fathers established this system of division of the two courts and had this system not existed, the state of the country and its criminal justice system would be much different today. Federal courts have control over matters like military, foreign affairs, and money. Other...
1 Pages(250 words)Essay

Criminal Justice/ Criminal Law

...Criminal Justice/ Criminal Law: Burden of Proof Criminal Justice/ Criminal Law: Burden of Proof Many are the times when peoplehave watched movies and films which dwell on criminal investigations and legal drama. In these films, the different aspects that are required for the prosecution, arraignment in court as well as sentencing of a person are brought forth. But some of the terms that are used in these films are never paid attention to and many just follow the plot. Terms such as criminal evidence, burden of proof, and innocent until proven guilty and beyond any...
8 Pages(2000 words)Research Paper

The Criminal Justice System

...The Criminal Justice System What Crime Is Crime can be defined in different ways, its different s to great debate. Some quarters define crime as an unlawful act for which a party can be punished by the state (Farmer 2008). Other quarters noted that crime is an act that is harmful to an individual, community, or the state. Yet again, others define crime as anything that an applicable law defines to be criminal in nature (Farmer 2008). Considering the various definitions posted above, it is evident that crime is forbidden and attracts punishment as stipulated in the law. Some of the activities that are unacceptable throughout the world and...
4 Pages(1000 words)Essay

Criminal Justice System

... Criminal justice is the control of crime or its minimization through imposing criminal penalties and rehabilitation for the commission of crime. For crime to get controlled, a state puts up a criminal justice system to effectively cover all the different areas of crime; which may include: court system, prosecution, and police, among others. Those accused of committing a crime are regarded innocent, till proven guilty; they therefore are under protection of any form of mistreatment by the police or prosecution. In this essay, focus will be on various spheres of criminal justice and their effect on future professionals. I can describe criminal justice, generally as a collapse and disappointment from what we expect of it. In areas... is...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Coursework on topic Constitutional Law and The Criminal Justice System for FREE!

Contact Us