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Miscarriages of Justice are Inevitable if we are to Ensure that Criminals are Convicted - Essay Example

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The criminal justice system in England and Wales is a complex social institution that is heavily regulated under the law. In a society that is fair and just, the innocent people should be protected from being charged for a crime that was committed by other people…
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Miscarriages of Justice are Inevitable if we are to Ensure that Criminals are Convicted
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Download file to see previous pages The criminal justice system in England and Wales is a complex social institution that is heavily regulated under the law. In a society that is fair and just, the innocent people should be protected from being charged for a crime that was committed by other people By all means, the criminals should convicted and be punish for their criminal acts. To come up with a fair and just criminal system, the prosecutors should be neutral and impartial when it comes to making decisions whether or not to convict the defendant from the crime he or she is being accused of1. Miscarriages of justice are one of the most serious problems we have in our society. Despite the lawyers’ effort in giving justice to the innocent people, there are quite a lot of legal cases wherein the poorest sector in our society failed to receive fair treatment and justice. As a system, the law unites the society as a whole. Therefore, each individual should wholeheartedly respect and abide with the law. Since a series of wrong conviction on innocent defendants could weaken the effectiveness of our criminal justice system, miscarriages of justice is often kept a secret from people outside the group of lawyers and juries. Miscarriage of justice is referring to the inability of the court to reach the desired end result for justice. To promote a fair and just legal system within the society, it is necessary to prevent miscarriages of justice...
Miscarriages of Justice Miscarriage of justice is pertaining to many criminal cases wherein the defendant suffers from a wrongful imprisonment. In line with this, Layne explained that one should be clear that there are two different types of wrong conviction. First, there is a possibility wherein a guilty or not guilty defendant is unfairly convicted by not giving them a fair trial or has been legally discharged by the judge, detained on remand, or acquitted during the court trial. The second type of wrong conviction is when an innocent defendant was convicted for a crime done by other people. On top of these two types of wrong conviction, there are also cases wherein innocent victims can be detained in a prison cell without being charged guilty of a crime3. In line with this, the term miscarriage of justice is often referring to the second type of wrong conviction wherein an innocent defendant has been wrongly convicted but can also increase public concern each time a defendant who is guilty of a crime has been acquitted by the Court4. Given that issues related to miscarriage of justice are mostly kept unpublished, the continuously increasing number of cases associated with miscarriage of justice remains a social problem. In fact, wrongful conviction can eventually become a norm within the legal system in UK5. Because of the past and current cases of miscarriages of justice throughout the United Kingdom, the need for “corrective justice” arises6. According to Sir William Blackstone, “It is better to let ten guilty men go free than to wrongly incarcerate one innocent man”7. Despite the fact that it is wrong to convict an innocent person of crime he did not commit, there are quite a ...Download file to see next pagesRead More
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