Criminal Court Visit - Assignment Example

Criminal Court Visit The portrayal and perception f criminal procedures and the courts have the public concerned f how safe they really are from deviants f the law and if the guilty parties are being punished accordingly. It is public opinion that there are many abuses in criminal procedure. This would include everything from traffic stops to search and seizures. The community also views the court system through warbled glasses. The prosecutors are always seen making deals with defendants and judges are viewed as being too lenient. Because there is little faith in the fairness f police procedures and court outcomes the public turns to the media to get the real "truth". The general majority believe that crime is on a constant rise, although statistics show offenses are at their lowest since the early 1990s. Criminologists blame news coverage for the unwarranted increase f the public's awareness f crime versus actual crime. Politicians exploit the sensationalized crime as a way to relate to the public's perception that the increased crime needs special attention, so they manipulate the reports by the media. Although the television has been harmful in it's' distortion f reality, it is useful in keeping people informed on criminal information and warnings when there is a real concern. Criminal Procedures Criminal procedure is generally based on the idea f obtaining balance in the system. Criminal procedure is composed f the rules governing the series f proceedings through which the substantive criminal law is enforced. (Law about Criminal Procedures) The public perceives that there are not enough rules regulating police and that police have too much discretion in obtaining information and evidence in charging and individual with a crime. Unfortunately, when you make it easier to prove guilt, then it becomes harder to establish innocence. (Overview f Criminal Procedure) The public may perceive that the ends justify the means and that the criminal procedure as it is written today may violate or deprive an individual f the constitutional rights. An example f one court case; U.S. vs. Dunnock, 295 f.3d 431 (4th Cir. 2002) Defendant, "by virtue f the fact he was standing outside his home in the presence f police as they were about to execute a valid search warrant, had all the benefits f the protections afforded by the knock and announce. There are basic guidelines governing criminal procedures, such as; reasonable suspicion is used in stopping or frisking an individual, and probable cause is used to arrest, sear, or detain a suspect. Criminal procedure must balance the defendant's right and the state's interest in a speedy and efficient trial with the desire for justice Court Procedures The public perception f the courts is either the jurors are not fully informed as to the ramifications or what their specific duties are pertaining to the case at hand. Many time juries will not be informed that their decision will pass down an extremely harsh sentence for fear that they will not find guilt because they do not like the sentencing guidelines for the criminal activity. For example; the jury foreperson in the Waco massacre case wept openly when she discovered how much prison time the federal government gave those defendants. She further stated, if the jury had known the accused were going to receive such severe sentences, that even though they were guilty f the crimes, they would have never been convicted (Jury Nullification). The statement that was made by the foreperson f that jury would have nullified the jury. If a juror disagrees with the law and court instructions a judge can remove the juror. The perception from the public on this matter is if the juror disagrees with the majority f the jurors the judge can remove that particular one. The judges and prosecutors not only blame the mishandling f many criminal court cases and appeals on the increased case loads, but they fault political agendas and the pendulum swing f what the public perceives as criminal activity that needs to be addressed. The vast majority f criminal cases in any court are settled with pleas agreements, defendants facing multiple charges stemming from one incident often have controlling charge and are offered a plea bargain based on the sentencing f the controlling charge even if it means dropping the lesser charges to keep the system from jamming. (Order in the Court) The fear f crime vs. real crime Reality TV captivates the public by keeping them home and watching television. Polls have shown that the public loves reality TV especially when it depicts police, policing, and criminal justice. The media manipulates what is shown based on how graphic, unusual, or emotional the story that occurs. The media does not always show the complete story or they appear to add fluff to a story and later realize the fluff had nothing to do with the incident. The media uses events that they believe their audience can relate, the helplessness to prevent incident, or fear that the incident can occur at anytime to them. Criminologists suggest that the media over reports criminal activity by bombarding the viewers with sensational stories that not only has occurred locally, but from all over the country, making the viewer believe they are living in a crime ridden time. The media accomplishes the hit home relating to the story with their viewers, which are usually middle class, by reporting a crime that does not usually occur in these neighborhoods which they occupy, and mixing it in with the criminal activity either across the nation or in the urban area f their city. When the hit home crime occurs, the impact creates a domino effect f false fears. When the HBO academy award winning documentary f the Brenton Butler case finally came to an end, and the real murderers were apprehended, tried and convicted f the Georgia woman's murder, you thought well now he can get on with his life and hopefully leave that horrible incident behind him. However, recently Butler who is now eighteen has found his way unintentionally, back into the media's attention. Butler was arrested for contributing to the delinquency f a minor. How much f the story was real TV The media would have you believe he committed a horrible act by meeting his girlfriend at school and leaving for the day. The girl in this story was 15 years f age, and he was 17 years f age at the time the incident occurred. The story would have never made it to the media front page or on the nightly news, but did because f who the story was about and not the actual content. The highly publicized case f Kobe Bryant is a perfect example f how intense media coverage will eclipse the true facts f the crime and who is really guilty. The fact that 76% f Americans say they form their opinions about the crime based on what they see or read in the news. Only 22% claim to get their primary information on crime from personal experience. (Gonsalves, 2001) Media Censorship The public not only believes crime has increased due to the increased reporting f criminal activity, but they believe the increase is due to the nature f reporting the violent criminal activity. Viewers are shocked when they see a crime scene reported on TV without any regard to how graphic, violence portrayed, or the age f the audience. The reporting is reality, and reality no matter how horrific sells papers or keeps the viewing audience from changing the channel. For example, over seventy content analysis f newspaper and television crime coverage, the report uncovers some disturbing discrepancies. Homicides make up one to two-tenths f one percent f all arrests, but 27 to 29 percent f all crimes reported on the evening news are f homicide between strangers and interracial killings - receive the most coverage. (Gonsalves, 2001) The media has also been guilty f sensationalizing and creating a desired 15 minutes f fame that is desired, which recreates a crime that has been over, dramatized with the media. An example is the Columbine High School shootings that spurred three more similar shootings in schools within a year time frame. The public and authorities believe the notoriety that the media produced when reporting the incident, spawned that desire for other teenagers that felt either jaded or picked on to have an excuse to make the perpetrators pay for their actions and anyone who tried to stop them. The media politically motivated Politicians use the media to help them receive more coverage and get their faces on television as many times as they can before the election. A politician is almost guaranteed unlimited media coverage when they make their platform to fight criminal activity. While the actual rate f crime, and especially violent crime, is not increasing, major party politicians have skillfully used the media to exaggerate the perception that crime is rampant and to justify tougher sentences, more police and more police powers. The result f tougher law and order has been a skyrocketing growth in the prison population. (Boland 1999) The political figure counts on the media putting fear into the public f a crime occurring to them, so the politician can relate to the public on their fears and make promises f getting tough on crime to restore some sense f security in the community. Democratic governments f every persuasion from time to time find themselves confronted by opponents keen to exploit public fear f crimes for political ends. (Weatherburn, Matka, Lind - 1996) Conclusion We all have mixed emotions on what is seen on the news. We don't feel as though the media easily manipulates us, but every now and then that when a story f interest being reported, a tendency to sit and watch the news until the story f interest comes up is universal. Most f the time there is disappointment and the feeling f being been duped again. Some f our group being police officers has a heightened awareness when viewing a story that pertains to burglaries, rapes, or robberies; this is useful for them on their patrol. So, we do believe the media has a positive purpose at times. All f us agree that if the media does not get the story they want from the parties involved they will purposely make up a story until the involved parties come forward with their account f the incident. The media can be used effectively if the parties involved are careful in what is information is disseminated to the media. Law enforcement use PIO(s) public information officers to be liaisons with the media. Law enforcement administrators believe whether the story reflects positively or negatively on police it is better that the information is given then to try to hide the facts and let the media come up with their own version f what occurred. The media can useful in reporting serious criminal activity, such as, the reporting f a serial rapist will not only scare the public, but it will assist law enforcement to keep the public alert for their own safety. Works Cited Boreland, S. - Is there A Crime Wave Retrieved September 28, 2003. http://www.greenleft.org.au/back/1999/354/354p9.htm Gonsalves, S. - Crime in the Liberal Media. Retrieved September 28, 2003. http://www.commondreams.org/views01/0410-03.htm Weatherburn, D., Matka E., Lind, B. (May 1996) Crime Perception and Reality. Retrieved September 28, 2003. http://www.agd.nsw.gov.au/bocsar1.nsf/pages/cjb28text Callahan P. Jury Nullification. Retrieved 12/6/03 http://www.november.org/razorwire/rzold/04/0412.html Criminal Procedure. Retrieved 12/6/03. http://www.law.cornell.edu/topics/criminal_procedure.html Overview f Criminal Procedures. Retrieved 12/6/03. http://www.faculty.newc.edu/toconnor/325/325lect01.htm Strunk,C. Order in the Court Retrieved 12/6/03. http://www.thekansan.com/stories/1026020011.shtml Read More