Criminal Justice System - Assignment Example

Criminal Justice System Crime is part of human being condition. This has been since humans began living in factions. Laws are meant to regulate people; informing people on what they can or cannot do. Moreover, it informs them what they can do under certain circumstance. Governments in social equality are servants, and the acts are viewed as a result of the will of citizens. The success of criminal laws is attributed to the opinion of the majority; whenever they believe it is just, the likelihood of the system operating effectively and efficiently is high. Most of the crimes are listed within the constitution. It further identifies a particular crime and appropriate punishment for it (Gardner & Anderson, 2014). Aspects related to criminal justice system are diverse in nature ranging from arrests, appeals, trials, and penalties among many more. Within the structure of law in the United States, use of force is only permitted under certain conditions. When a case regarding lawful use of force is to be determined by the courts, these conditions are considered. The use of force is regarded lawful: if it was meant to defend oneself. An individual is justified in making threats of use of force or use force if he believes that such conduct is likely to protect him from looming death or physical injuries; second, if it was aimed at facilitating home protection. This could be through preventing trespass or criminal acts on one's property; third, if it is meant to protect lives; fourth, in the event of upholding one's protection from trial and civil action; fifth, in making arrests when an offender resists the law enforcer is permitted to use force. That is if he believes that the offender has committed a crime; sixth, in preventing an escape. A law enforcer having an offender in his custody is justified in using force to stop an escape from custody. (Florida Legislature) Stand your ground criminal law is a form of the self-protection law that gives human beings the right to defend themselves. This is usually without any provision to escape or withdraw from a risky situation. Beneath this legal perception, an individual is warranted in using lethal force in certain circumstances. Since the stand your ground act would provide immunity to the civil suit and criminal accusation. Immunity plays a significant role in stopping charges, suits, and arrests[Gar14]. On the other hand, the castle doctrine also offers citizens the right to protect their homes cars among many more. The doctrine differs from state to state; with other states either adopting the stronger or softer castle laws. In the strong castle law, homeowners are not to retreat without use of force. While in the softer castle doctrine, use of force is greatly limited. For instance, in New York one is not to use lethal force if you can evade the trespasser by retreating. (Purves, 2011) A notable example of a castle doctrine was when Brice Harper shot down Fredenberg. Fredenberg had intended to confront Brice over having an extramarital affair with him. However, the encounter was ended when Brice shot Fredenberg. The truth that the shooting happened from the garage made the difference. The attorney Corrigan stated that Montana’s castle doctrine enabled Harper to use deadly force. Therefore, the attorney added that Harper was justified to shoot the unarmed intruder; given his realistic belief that Frenberg was about to attack him[Pur11]. Double jeopardy clause guards a defendant from standing trial of a similar case. However, only a few legal trials bring into play double jeopardy. For instance, if a particular trial does not place someone in jeopardy; then succeeding trials against the accused are not banned. This is per the Fifth Amendment, which implies that protection against double jeopardy extends only to trials that threaten life. Double jeopardy performs the following roles: it limits the prosecutor side from use of a criminal suit to impose unnecessary misery upon defendants; tackle the defendant's concerns in evading prosecutorial harassment; and maintain the jury’s right to attending to realistic matter of the trial. In general, double jeopardy proves to be fair on the defendant’s side (Hil & Hill, 2008). The main aim of double jeopardy is to prevent the accused from being subjected to a similar trial as before. This goes a long way to preventing financial burden unjustified adversity, and emotional burden on the accused. The adversarial system is a legal structure used in the United States. Under this legal system, factions to the case build up and present their argument; collect and submit proof; call and query witnesses; which depend on the contest involving advocates representing their party’s position. Furthermore, it entails an unbiased group of individuals or individual. They are always meant to establish the reality of the case. The adversarial structure is a two-sided system within which the criminal trial court operates. It places the prosecution in opposition to the accused who usually are represented by the lawyers. The jury acts as a neutral observer who determines the accused innocence or guilt. This system is mostly used in common law nations. I disagree with the adversarial system within the criminal law (The adversary system, 2011). Adversarial system is usually aimed at giving a fair trial. Reason being, it grants each party equal prospect to present their argument, and it is less prone to bias by the jury. The sixth amendment stipulates that all the accused in a criminal trial will enjoy speedy trials; that will be presided over by an unbiased jury. Furthermore, the accused will be allowed to obtain witness in their favor and finally, the council would assist him. Speedy trials results to reliable judgments. Reason being, it improves the integrity of the case, by witnesses testifying on time; helps the defense team of the accused to avoid numerous pretrial confinement; and shun delays that might affect the defendant's ability to clear himself from wrong doing [Gar14]. Therefore, the objective of speedy trial was to minimize cases and enable timely delivery of the verdict. I chose to support it since it is advantageous. The success of the process of fighting crime begins with the individuals of the state. This can be through reporting crime and apprehending offenders. On the other hand the state, local, and federal governments have a duty in minimizing crime. This is usually through legislation that is meant to minimize the level of crime. The legislation by these arms performs the following roles: formulation of interventions meant to prevent victimization and deterring offenders; and leading crime prevention interventions. [Gar14] In the United States, criminal justice system for an act to be considered a crime the following aspects must be present: a criminal state-of-mind; a criminal act; agreement of a criminal act; and causation. First, Crime against persons refers to a wide range of criminal offences. It involves physical harm; risk of physical harm or other acts done against the will of a person. Additionally, acts such as stalking and harassment are also considered as being offense against persons. Second, property crimes involve a wide range of crimes relating to damage or theft of another person’s property. Third, crimes against justice are the type brought about because of one acting in a disrespecting manner that questions the authority. Consequently, violators are usually apprehended. Finally, another form of crime is that against children. Some of the crimes against children include neglect; physical abuse; neglect and emotional abuse. (Criminal Charges) The colonial era in the United States saw numerous changes in the Common Law. These changes were because of cultural and societal differences that were developing. As time went by United States developed to becoming more complex than anyone could have imagined. This gave rise to contradictory ideologies and changing demographics. Consequently, this resulted in changes within the criminal justice system. The jury was given power to decide both facts and laws. This was done without any legislative process. However, when it produced contradictory outcomes, the rule with regard to evidence was upheld. Usually, when the citizens thought that they were being denied justice they resorted to the use of vigilantes. This form of justice had a widespread acceptance. Since the vigilantes had started being corrupt they lost the public support. The criminal law was later developed in the twentieth century. As a way of making the criminal justice system reliable, the judges and lawful theorists chose to make amendments. (Sterling, 2002) The use of force is regarded lawful by the court of law if someone is protecting his property; acting in self-defense, and protecting lives. The double jeopardy clause is meant to guard an offender against standing trial of a similar case. This protects an offender from emotional and financial stress. However, through the adversarial system offenders can be represented in court; furthermore, they are granted opportunity to pick their best witnesses. Because of the sixth amendment the accused were subjected to speedy trials. Through this witness bribery among many, issues that are more negative were avoided. References Gar14: , (Gardner & Anderson, 2014), Pur11: , (Purves, 2011), Gar14: , (Gardner & Anderson, 2014), Read More