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The Criminal Justice System - Coursework Example

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This coursework "The Criminal Justice System" considers the statement that when all is said and done, the current criminal justice system is about as fair and effective as we can reasonably expect and its merits in the actual criminal justice system…
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The Criminal Justice System
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Download file to see previous pages The terms “getting off on a technicality” are terms heard often enough when the legal provisions of the criminal justice system serve to protect the rights of all individuals, even those who are guilty. And yet these provisions are in place to protect the rights of the innocent and to afford due process of law. For which reason, most people remark and are resigned to the fact that when all is said and done the criminal justice system is about as fair and effective as we can reasonably expect. It is a statement that speaks of the need to “make do” because things “could have been worse.” It is important however to evaluate the difference and decide where the above statement indeed deserves the people’s resigned acceptance. This paper shall now consider the above statement and its merits in the actual criminal justice system. It shall consider the viability of the statement while assessing the strengths and weaknesses of the current Australian criminal justice system. This paper is being carried out in order to establish a clear and comprehensive understanding of the Australian criminal justice system in terms of its actual application and efficacy.
The Australian criminal justice system is basically an adversarial system where there are two opposing parties to an issue or a case, and there is an independent person who considers the dispute and ensures that all rules and laws are complied with (Victoria University, n.d). The best argument in this adversarial system is used to decide on the case. The parties have control over their case and the presentation of evidence in their favor. They also have the freedom to use legal representation if they so desire (Stacy, 1999). The parties also decide if there is a need for a jury in a civil case. The judge’s role in this adversarial system is to ensure that the case proceedings are impartial and fair.  ...Download file to see next pagesRead More
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