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History of crime and criminal justice in america chapter 1 pdf
History of crime and criminal justice in america chapter 1 pdf
History of us criminal justice
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Although the criminal justice system may vary, it is still used as a universal tool for everyone. The system may differentiate from country to country but with each country using their own tactics it all reverts to organization and obeying the rules. The criminal justice system is made up of three components: law enforcement, courts, and corrections.
Over 200 years ago, the United States’ fundamentals laws were put into effect. Fundamental laws are originating rules and principles or constitution on which a government is based. For example, the U.S. Constitution cites a federal system of government and gives certain powers to the national government. In the United States, the people’s prosecutors attend the trial to support prosecution while
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Criminal Courts,” China’s criminal justice process is called the criminal procedure law. In the country of China, criminals charged for the first time are usually open public cases except the national secrets, individual privacy or if defendant is younger than 16 years old. In most cases, if you are at least 16 years old, but younger than 18 years of age, the case is usually not open to the public. Majority of regular cases take place at the grassroots courthouse, which is the local city courthouse. In the court room, in some situations the prosecutor do not have to appear, because they are not needed in the trial, so the chief judge makes all the decisions. For example, in the trial, the judge tells the defendant if they are guilty or not guilty due to evidence and the judges also gives the sentencing. In normal cases, both verdict and sentencing are made by the collegiate bench which consists of sole judges and people’s jurors (Miao, 254). In the first case, there must be three collegiate members, but in higher court supreme, it usually three to seven. In article 158, court has the right to investigate if collegiate bench has any doubts. Also in China, people’s juror has exactly the same rights as other judges and sits in the same area in the courthouse. Jurors must have at least an associate degree/ no uniform. In both China and the United States, the jury is imperative. They decide whether the defendant is
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
The modern US version of a jury derived from ancient English law. It is said in the early 11th century, William the Conqueror brought a form of a jury system from Normandy that became the basis for early England’s juries. It was constructed of men who were sworn by oath to tell the king what they knew. King Henry II then expanded on the idea by using a group of white men with good morals to not only judge the accused, but also to investigate crimes. King Henry II had panels of 12 everyday, law abiding men; this aspect of it is much like modern juries. The difference is that these early jurors were “self-informing”. This means that they were expected to already have knowledge of the facts that would be presented in court prior to the trial. King Henry II’s first jurors were assigned the job of resolving the land disputes that were occurring in England. ...
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
Every country has a justice system in place in their society in order to maintain peace and equality. The Criminal Justice System gives civilians the opportunity to receive justice through a legal system while giving them a fair chance to deal with negligence and misconduct. There are several components that work together to enforce the purpose of the Criminal Justice System. Most obviously, it includes the rules and laws entrenched in the Charter and Constitution in which prosecutors and judges base their decisions. Secondly, it consists of the parliament who is responsible for putting these laws together.
Although the jury system seems a son of modern democracy, in fact, it appeared a long time ago. When the time is the age of Ancient Greece, Ancient Athens had a mechanism which was called “dikastai,” to prevent the judgment from determining trial only by one’s preference. Moreover, jury system in Rome had not only existed but also improved a lot. At first, the jury system in Rome had become the official way to deal with civilian trials from the beginning of the republic
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
In the criminal justice system three major agencies can be identified, they are; the police, the courts, and the correctional institution. The police responsibilities are of that of keeping the peace, apprehension of criminals, combat and prevention of crime, and social services. Once officers have been involved and it is determined that a crime or any other infraction has been committed, then the case will move into the jurisdiction of the courts. The court system will then be responsible for the adjudication of the subject where then the correctional system will impose whatever punishment or treatment was deemed by the courts. Once the corrections systems have received an inmate, the punishment phase will commence, whether it is imprisonment, probation, or community based correction. The previously mentioned are the three mayor agencies that process a citizen who has committed a crime against the state law, as you can see, the process is similar to that of an assembly line one might find in a factory. All agencies are linked together as one for t...
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
Jurors will sit in a jury panel consisting of four persons for a civil trial and twelve persons for a criminal trial (Queensland legislation, 2017). The Jury Act 1995 additionally states that a jury trial allows for a panel of either ten or eleven if one or two of the original jurors are discharged. Queensland Legislation, 2017 (Queensland Legislation, 2017). Juries are selected at random and represent the values and legal expectations of peers, this is to ensure they remain impartial. The Juries role is to decide if the accused is either guilty or innocent, or in the case of civil trials, fault and damages based on admissible evidence presented in the trial (Federal Court of Australia, n.d).
The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
Japan has updated their jury system. Has of 2008 they have made it so that 6 jurors and 3 judges work together to determine the facts in serious cases. Together, they will determine guilt and sentencing. They will rule by majority vote, but there has to be at least one judge that votes with the majority. Unlike US jury systems, Japan's jurors get to discuss the facts with each other during the trial. In the US, jurors are not allowed to discuss the facts until they go to recess. Japan states that this arrangement will speed up the process of the trial.
"A Jury of Appeal and a Ground Jury (Judges) shall be appointed for each sport. The choice of them is left to the international federations. One delegate of each international federation must be present in order to check the entries. The members of these juries and the officials must all be amateurs. Where a jury has not been formed by th etime it should have started to function, the Organizing Committee will advise and decide how to form one. The Juries of Appeal for the sports not governed by an international federation shall be formed by the Organizing Committee of the Olympic Games and must be composed of five members of different nationalities, who shall elect their own president."2
The importance of a jury makes it necessary to understand its function, strengths and weaknesses in a criminal matter. Both the state and federal courts follow the same procedure in impaneling the jury. Most states do not accord minors the right to jury trial in court proceedings related to juvenile delinquency. The jury essentially hears the evidence presented against the defendant and potential defenses. It will then weigh the evidence and ultimately determine if the evidence satisfies the criminal offenses that the defendant has been charged, beyond any reasonable doubt. Numerous and varied rules often surround the jury. The jury mainly focuses on criminal cases because these cases put a person’s liberty at risk. Defendants do not have a right to jury trial if their jail term does not exceed six months. All jurors need to recognize the fact that jury service is a critical duty of citizenship. They may also decide questions that involve crimes for which a trial judge fine, place on probation, or confine defendant to prison. Nevertheless, a jury does not play any role in sentencing, but instead leaves it upon the trial judge to make this decision following all the submissions made by both sides. Overall, the court system must rely upon a jury for the protection of liberty, life, and the pursuit of
In trials by jury, the jury decides on factual questions and the judge decides on law
In Intro to Criminal Justice class, I had the opportunity to learn about the Criminal Justice System more thoroughly. I learned that there are three components that make up the Criminal Justice System such as the courts, law enforcement, and corrections. Each component has its own role in making sure the the Criminal Justice System is functioning properly. If one of these components are not efficient the Criminal Justice system will not be as strong as it could be.