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Courts in the criminal justice system
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Witness Anonymity: Balancing under Criminal law (Rights of Accused in Criminal Law)
Introduction
In the present times when a criminal trial is marked by hostile witnesses and protracted trials thereby defeating the ends of justice, it becomes necessary to reconsider the laws regarding witness protection in our country. The witness in a criminal trial is intimidated by the criminals resulting in ever increasing trend of witnesses turning hostile. The great thinker Bentham said that witnesses are the eyes and ear of justice. It is for this reason that when a witness is called in for deposing before the court, it is expected that he/she would depose without any fear. However, in the present times of politicization of crime and frequent in intimidation of the witnesses, the witnesses do not feel safe. It is for this reason that they would either turn hostile in the middle of a trial or may not even come forward to depose before the court. This situation is alarming for the reason that it frustrated the very purpose of a criminal trial as a criminal trial is to find out whether the charge imposed upon the accused by the prosecution is true or not, which in the absence of a true witness is compromised. In such a case the end result of the trial may be something which may not be
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State of U.P examined in detail the purpose and object of Section 162 of Cr.P.C. According to the Apex Court, the legislative intent behind this provision was to protect the accused person from police officers who would be in a position to influence the makers of such statements, and from third persons who would be inclined to make false statements before the police. This is a highly laudable objective and is truly reflective of the attempt to ensure fairness in the process of criminal investigation. Voluminous case law has built up on these two sections over several years, the effect of which has been to underline the following legal
Jain, M. (2001). Mitigating the Dangers of Capital Convictions Based on Eyewitness Testimony Through Treason's Two-Witness Rule. Journal of Criminal Law and Criminology, 761-790.
The case of DPP v Carr is a fundamental case in evaluating arrest as a measure of last resort in the execution of a police officer’s duties. The brief facts of the case were that the defendant Mr. Carr was arrested for having insulted and hurled offensive words at the arresting officer. In the decision of the court it stated that “arrest ought to be the last resort and should not be done if the name and address of the defendant is known by the police and that one will not fail to honour summons issued” . The decision in DPP v Carr has been used as the yardstick under common law in determining the threshold for which a police officer uses before arresting a suspect. In the appellate decision despite having held that the arrest was lawful, it went ahead to declare that it was improper since the police officer had the option of issuing summons.
In summation, is can be identified in this paper that eye witnesses do not play a constructive role within the criminal justice system. This can be seen through a thorough discussion of the many issues portrayed through this paper. To conclude Schmechel et al. (2006) reiterates that statements this paper has presented and discussed;
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
For example, when the victims want to remember something, or someone, strongly and with high confidence, the witness can still be wrong. The eyewitness is given all the photos of the suspects laid out to identify the person they remember committing the crime. Also the eyewitness is asked to identify each photo whether is the culprit or not. Prosecutors should look over the cases before relying on eyewitness. Prosecutors should not depend on eyewitness testimony because that will lead to wrongful convictions. The wrongful convictions span the criminal justice system from investigation and arrest to prosecution and trail(Ferrero). False conviction makes the justice system stronger and arresting innocent is wrong. And picking out person similar to the murder. Not catching the real suspect might cause the public risky. Public safety be in risk."Wrongful conviction is gravest violation of personal liberty and also poses severe public safety risks, as the real perpetrator could remain on the street," an innocence Project news release said. The real suspect might kill many people or if the eyewitness might be in risk. If the victim is still life might be kill again. Lying about someone is not good thing might have miserable life in their future.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
To appear as a witness in a criminal trial has been described as a terrifying, intimidating, difficult and stressful ordeal. It is not an easy experience for vulnerable and intimidated witnesses when the issue of giving evidence about the incident they were involved in is in question. This is because while the witnesses are giving evidence in court they are most likely to re-live the incident and the pain they suffered, and psychologically, this is very damaging. There are a range of measures enshrined in statute to protect victims of sexual offences in court, although these are now interpreted in light of Article 6 of the Human Rights Act, which provides the defendant with a right to a fair trial. Section 41 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA) restricts the circumstances in which evidence or questions about the sexual behaviour of a complainant outside the circumstances of the alleged offence can be introduced. Moreover, the Youth Justice and Criminal Evidence Act 1999 introduced a range of measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses which are collectively known as "Special Measures". Nevertheless, the cross-examination of vulnerable and intimidated witnesses is a significant issue, as Andrew Norfolk, chief investigative reporter of The Times has underlined in his articles.
In the adversarial justice system, when the offender admits to the criminal act, there is no further controversy and the case promptly proceeds to sentencing. Physical evidence and victim or witness statements may often be overlooked and not considered. The confession is considered unequivocal evidence of guilt and a conviction is ensured. Indeed, the interrogation process’ sole purpose is to obtain a confession. Zimbardo (1967) estimated that “of those criminal cases that are solved, more than 80% are solved by a confession.” (Conti, 1999) Without the confession, convictions may be reduced significantly. So why does a person falsely confess to a crime if the likelihood of a conviction is eminent? A false confession to any crime is self-destructive and counterintuitive.
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
Subsequently, one of the main components of the procedural limitation is innocent until proven guilty, which brings about the right to a Grand Jury- a panel that determines whether or not there is a need to go to trial. As a result, a guilty verdict in criminal cases is determined with evidence that is sufficient and that must be proved “‘beyond a reasonable doubt’” (pg.131), so there is an immense need to increase the chances for the respect of “reasonable doubt” (pg.
There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.
Without accepting confessions as legitimate form of evidence to be used in the court of law, the justice system would be in complete disarray what with most suspects making confessions to the police, also having a high likelihood of going on to be convicted. Confessional evidence is of great importance seeing as it is one of the exceptions to the hearsay rule. Although it is of high regard in evidential law, it would be naïve to say that the law on confessions is down to perfection, especially with such high-profile cases such as the Guildford four or Birmingham six which brought to the surface the potential possibility of fabrication by police and perversion of the use of confessional evidence to bring about a certain result in a case. While known as the most powerful form of evidence to be adduced, it is also known as the “best and worst form of evidence” to deal with. Whether the implementations of the Police and Criminal Evidence Act has succeeded to remedy the dilemmas in respect to confession is up for discussion.
Second, the first police officer to arrive on the scene should separate the three witnesses, take each one of them and put them in three separate locations; so they can’t hear each other when they speak. The tangible dissociation of the witnesses can be very imperative when it comes to an investigation and asking witnesses questions that may lead to more suspects. If the authorities don’t keep the witnesses separated from one another the case would be halted by defense attorneys during a preliminary procedure and it would be very damaging to the prosecution’s case.
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers