Criminal Justice and Area of Child Crimes - Coursework Example

Criminal Justice Introduction: The area of child crimes has been a major issue in the jurisprudential records of many countries, including the United Kingdoms. While the actual commissions of the crimes may have several interpretations and justifications, it is the aspect of justice and the process of law, which is more trying. While in many instances, children may not have been fully conscious of the implications of their actions while committing crimes, they are often tried in adult courts, and subject to rigors and intricate court proceedings reserved for adult offenders. It is necessary that reforms need to be made in this area that takes a holistic approach to the matter of child crimes and ensures that the punishment commensurate with the crime and the sentences should serve to be correctional rather than punitive. Stages of crime: The various stages of the Criminal trial could be seen as follows: Under English law, it is not possible to film the proceedings of the trial in the open Courtroom. There are certain common features regarding criminal trials that are as follows: The presence of legal representatives or the plaintiffs and defendants. The presence of the jury and the judge. The presentation of evidences from both the applicants and defendant’s sides. After the proceedings are completed, the judge delivers the verdict/sentence. There are also certain pre-conditions that weigh heavily upon the course of the deliberations in the Court and they are: The accused person(s) should be aware of nature of charges that have been brought against them. Under English law, the various charges are read out one after another, and after each question, the defendant is asked whether he pleads guilty, or non-guilty of the various charges made. If the plea is ‘guilty’, there is no trial and the stage of sentence commences, however, if he pleads ‘not guilty’, the trial proceedings begin. The conviction of the accused could be sustained only after the evidences have been examined and judgments passed on their strengths of such evidences. In the case of Court trials, it is not only necessary that justice have to be seen, it also needs to be done in action. Under law the accused is considered innocent until proved guilty and no condemnation can be carried out without a fair trial and hearing of the versions of both parties- plaintiffs and defendants. It is seen that up to the year 1898, defendants were considered ‘poor witnesses’ and thus could not provide evidence in their own cases. However, the laws have changed and it is now possibly for defendants to act as their own witnesses and give evidences. In the case of evidence presentation, it is seen that the Courts have to carefully examine the evidences and depositions by both parties and the jury is convinced based on the totality of its findings that the defendant is, in the eyes of law, the real culprit and deserves to be punished. This is based on evidences that are acceptable to Court. However, it has been found that certain evidences are not acceptable in Courts and therefore, the jury would take no cognizance for these types of evidences. It needs to be known that the onus of proving that the defendant is indeed guilty has to be proved beyond any doubt by the prosecution through use of interrogation, placing of witness and presentation of evidences. After the indictment has been read out to the defendant(s) and is said to be not guilty, the actual trial begins. The jury now takes up the case for hearing. The jury consists of members’ designated through voting aged between 18-70 years, who do not possess any previous criminal records or convictions. The selection is done through random basis and they are supposed to attend court on designated dates. In the case of the opening speech it is given by one of the members of the prosecution, outlining the nature of case and the charges levelled against the defendant, in order for the jury to have a fairly good idea of the course the case would take and evidences to be given. The prosecution then asks the witnesses to come to the witness boxes for providing evidences. It is seen that in certain cases of child witnesses who may be too young to attend court, with the permission of the Court, the questioning of witnesses is done through video recordings. The witnesses are then examined under oath, in order to extract what the witness could say regarding material aspects of this case. The prosecution is now at liberty to cross-examine the witnesses and detect flaws and material defects in the statements given by the defendants’ witnesses. Then there may be a re-examination, being a summary of the facts presented by the witnesses and how it has material bearing on the cae in progress. Next, if necessary the defence case opens and the defence lawyer may provide a title speech if necessary, but this is not mandatory. The defence presents its case and examines witnesses. The prosecution makes it closing speech and makes a summary of the case based on deliberations made by both the defence and the prosecution. “It is seen that This usually summarizes the weaknesses in the prosecution case and the reasons why the prosecution has not made out its case beyond reasonable doubt.” (Howells, P.63). It summarizes the guilt of the defendant and the fact that the commission of the offence is in line with the charges raised against the defendant. The defence now summarized the case and points out the weaknesses of the prosecution and why it has not been able to prove beyond reasonable doubt that the accused has been the real culprit in the case. Next, the judge summarizes the main points of the case. This has two aspects, the first aspect being of the legal opinion and the other the more significant aspect of the evidence. The judge takes an unbiased and dispassionate view and presents a fair and balanced view of the case. The jury then retires to pass the judgment. The judgment is passed- either the decision is guilty, or not guilty. The next stage relates to sentencing. In case the defendant is found to be innocent, he is allowed to go scot-free. However, if he is found guilty on any count, the judge has to pass the sentence according to the gravity of the crime and the resultant losses, based upon the presentation of the evidence against the accused. The proceedings of civil cases are very much akin to that of criminal ones , the differences being that the judge sits alone and not with the jury and secondly, “at the end of the trial a judge gives a judgment in which findings of fact are set out and reasons for the decisions given. The successful party is awarded a remedy. (Howells, P.65). The extent to which these features serve the functions of criminal justice system: One of the main features of the British trial system has been the advocacy of fair trials, and this aspect has been reinforced by Article 6 of the European Convention of Human Rights (ECHR). The salient features of the ECHR have been: 1. It is incumbent to provide the defendant with a fair and equitable public hearing and given reasonable time to prove his/her innocence. The judges need to make the pronouncement in the open court and in certain cases, due to aspects of public interest; the press may be excluded from covering the Court’s proceedings. 2. It is essential that the defendant be treated as innocent until proved guilty and the guilt needs to be proved beyond reasonable doubt. 3. All accused in criminal trial proceedings shall be provided with: a) Information about the nature and cause of his accusation in a language which he understands. b) The defendant needs to be given adequate time and families for preparation of his defence. c) He could provide for his own defence, or some other legal assistance could be provided to him and in certain cases where the court thinks it necessary, free legal counsel shall be Provided to him. d) The right to have the prosecution witnesses examined under oath, and to provide for his own defence witnesses under the same conditions as that of the prosecution witnesses. e) To be provided with the services of an interpreter if he cannot comprehend or speak the language of the Court. It is now proposed to take up the matter of young people being tried in adult Courts. It is seen first from point of view of the advantages and disadvantages of Criminal Trial with respect to the A. Young people accused of crimes and their families: It is seen that the legal system does not offer sufficient solution to the problems arising out of heinous crimes committed by young people (below 10 years) This is evident in the James Bulger killing case in 1993 where a 2 year old boy James was brutally tortured and killed by two 10 year old boys Thompson and Venables. The law presumes that children below 10 years are incapable of rational thinking and are incapable of committing heinous crimes. However, apparently, in this case the Courts held a different view. The two boys indicted in the James Bulger case was tried by an adult Court and sentenced to 8 years of imprisonment in a young Offenders’ Institution at Her Majesty’s Pleasure (Howells, P.140). Similarly, in another case, in 1988, in Boreham Wood, a 12-year old boy adduced a 2-year-old girl and killed her by suffocation. Although this boy had no previous record of conviction, he was convicted and detained at Her Majesty’s Pleasure, which is almost like a life sentence subject to review from time to time. It has often been felt that the punishment meted out in the James Bulger case was too stringent considering the ages of the boys ( 10 years ) and the fact that there was no motive, or mens rae for the killing. It was not pre-planned cold-blooded murder but one which may have been caused by momentary emotion of violence. However, the Courts apparently took a different view considering the heinous nature of the crime and its perpetrators. In yet two 6-year-old boys while playing this time in a Norwegian city of Trondheim, a 5-year-old girl, Silje Raedergard killed another case, in 1994. The law in Norway took a sympathetic attitude towards the offenders and did not enforce the conviction on the ground that at that age, the boys were not killers but victims. (Howells, P.143). The boys were allowed to return to school and their identities were subsequently changed to protect the4ir future lives. Thus we find that at one extreme, the children are being handed adult sentences by adult courts, and on the other side, they are allowed to move scot-free after committing a heinous crime. It is felt that punishments need to be meted out to children in commensuration with their level and intensity of crime perpetuated for the following reasons: 1. To detract them from repeating the crime again in terms of deterrent action. 2. In order to provide solace and consolation to the relatives of the victims. 3. To act as a revelation for society in order that necessary laws need to be enforced for protection of children’s lives and welfare. Although the families of the accused would suffer due to the actions of he accused, it is also necessary that they are made aware of their own neglect in administering discipline and control over the activities of heir wards/children. The alternative way in which the James Bulger case could have been addressed to would have been that they would have to be treated in correctional centres and care centres for a specified term as per the Court‘s decision. B. Victims of the crimes and their families: It is seen that the worst sufferers of the crime are the families of the victims since they are subjected to great mental agony and grief due to the sudden and brutal deaths, or incapacitation of their child. However, it is also necessary for them to realize their own lack of care and responsibility that could have been the cause of the tragedy. However, there is also the aspect of meting justice to both the victims and the perpetrators. If the offenders would be allowed to go about scot free as in the case of Silje Raedergard case, it would be injustice meted out to the families of the victims and their near and dear ones. Therefore, the law needs to strike a balance between the need for enforcing justice and retribution to the victims as against the need for meting punishment and deterrent action to the perpetrators so that they would be corrected and the chances of future crimes c could be reduced. C. Implications to the public: The aim of law is to provide a crime free society where people could live in mutual peace and harmony. Yet this purpose may not be served due to individual propensities and proclivities, especially younger people. Therefore, the effects on the public of criminal justice would be mainly preventive strategies that could reduce the occurrences and regularity of child crimes. The area is a difficult one to lay specific norms and punitive actions since it would depend upon individual circumstances and the facts surrounding the cases. As per the existing laws, it would seem high handed to hand adult sentences to children, especially 10 years or below for the simple reasons merely because they may not have been fully conscious of the implications of their actions. Thus, the occurrences of child crimes have to be seen in the social contest in the following manner: 1. The intensity of the crimes and its motive, if any – actus rea and mens rea. 2. The provocative factors surrounding the crime. 3. The actual commission and its aftermath. 4. The psyche of the offender, before, during and after the commission of the crime. 5. The views taken by the law enforcement agencies and jury and the legal process. 6. Any extenuating circumstances and their bearing on the case. Conclusions: It has been seen from the above deliberations that the Courts of various countries have taken diverse approached to the matter of child crimes and a stereo typed approach cannot be taken. Even the Court decisions of previous cases would not suffice since he Courts would have to consider the facts and circumstances surrounding the case and its various ramifications. Suffice it is to conclude that it would be appropriate to try child crimes in Children’s’ Courts and render justice to children according to the gravity of the case and the conduct of its perpetrators. Bibliography Howells, Carol, W100 Block 4:Unit13: The Trial: Part C: Features of a Court Trial. P.63. Howells, Carol, W100 Block 4:Unit13: The Trial: Part C: Civil trial. P.65. Howells, Carol, W 100 Block 4 Unit 15: Skills Review: Part B: Next Steps: the Cases of James Bulger and Silje Raedergand: How Thompson and Venables were Treated. P.140. Howells, Carol, W 100 Block 4 Unit 15: Skills Review: Part B: Next Steps: theCases of James Bulger and Silje Raedergand: Case Study 2: Facts of Silje Raedergard’s killing. P.143. Read More