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Role of the judiciary
Role of judges in the court system
Role of judges in the court system
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A Burden Worth Having
I don’t quite remember what I was doing in Baltimore. Suddenly, through a chain of random events, I ended up in jail for grand larceny. Although I was confident of my innocence, even my best friends testified against me. I found no hope in our judicial system. Fortunately, I could escape that situation. My alarm rang, and I woke up. Others, however, don’t have that option.
Such is the story of Kirk Bloodsworth. In 1985, he was sent to death row accused of killing and raping a 9-year-old girl from Maryland. In 1992, when DNA testing was in its infancy, Bloodsworth pushed for a DNA test to prove he was not the killer. It was not a match. The state of Maryland set him free and paid him $300,000 for wrongful imprisonment.
The government’s burden to prove “beyond a reasonable doubt” the culpability of a suspect is ideal because it represents the recognition, on the part of the government, that our judicial system is not infallible, as Mr. Bloodsworth’s case points out.
When instituted in the late 18th century, the burden of proof was a response to arbitrary arrests for political or economic interests. The government’s decision to enact the burden of proof symbolizes the popular resentment of these violations of liberty. Hence, the principle of “it is better for 10 guilty men to go free than for one innocent man to go to prison.”
The United States has historically promoted the rights of man and liberty. The sentencing of an innocent person not only displays the inefficiency of a government’s judicial system to uphold these values, but also the irreversible damage done to the individual.
The pressure that law enforcement officials face from the public to find closure to cases highlight one reason why the burden of proof is essential in the judicial system. When a police department cannot find suspects to charge for a crime, it is then seen as a failure on its part.
In October, a rally was organized against the death penalty in Houston, Texas. Amnesty International revealed 180 boxes containing unexamined files with vital information about cases involving prisoners on death row. Potential evidence that could lead to the exoneration from death row of these individuals was not taken into consideration during their trials. This revelation demonstrates how law enforcement officials and the judicial system can carelessly make mistakes and why the burden of proof is necessary.
In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she was still alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude to the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness, was used to strengthen the circumstantial evidence.
This case started on July 25, 1984, with the death of a nine year old girl by the name of Dawn Hamilton. The story plays out as follows: Dawn approached two boys and an adult male that were fishing at a pond in a wooded area near Golden Ring Mall in eastern Baltimore, Maryland. Dawn asked the boys to help her find her cousin, they declined the adult male however agreed to help her look. This was the last time anyone saw Hamilton alive. Hamilton’s body was found to have been raped, strangled and beaten with a rock. The police collected a boot print at the scene and DNA that was found in Hamilton’s underwear. The police also relied on the witness testimonies and line-ups, which in this case was the photo array. With the five eye witness testimonies and a tip the believed to be suspect was found. Kirk Noble Bloodsworth a prior U.S. Marine with no prior criminal record was taken into custody and charged with intentional first degree murder, sexual assault and rape. Bloodsworth was basically convicted on the eye witness testimonies. The state requested the death penalty. Bloodsworth was sentenced to two consecutive life terms. (BLOODSWORTH v. STATE, 1988)
Capital punishment and bias in sentencing is among many issue minorities faced for many years in the better part of the nineteen hundreds. Now it continues to spill into the twenty first century due to the erroneous issues our criminal justice system has caused many people to suffer. In the book Just Mercy authored by Bryan Stevenson, Stevenson explains many cases of injustice. Stevenson goes into details of numerous cases of wrongfully accused people, thirteen and fourteen year olds being sentenced to death and sentences of life without parole for children. These issues Stevenson raises bring to question whether the death penalty is as viable as it should be. It brings to light the many issues our criminal justice system has today. There
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
Although the flaws of death penalty are lucid, they are often times over looked by society. Innocuous people have been ruled to death based upon mistaken eyewitness testimonies, mistaken identity, and false confessions through coercion. Former Governor of Illinois George Ryan was a staunch proponent o...
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
Although the death penalty alone cannot bring back the life of those who have been murdered, it can serve as ultimate justice for the victims and their families. The deterrence of the death penalty can save lives. While opinions abound on both sides of the fence, in the use of the death penalty on juveniles, no one can argue with the fact that the voices of those murdered cannot be heard. Juveniles may not have fully developed brains, as Raeburn argues, but this is not an adequate excuse to dismiss the death penalty. American society cannot afford to babysit murderers, nor can they rehabilitate them. The end of the innocence begins when an innocent life is taken, and the sanctity of life is held defenseless.
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
...tz et. al. 1997). “The standard of proof in a trial is one such fundamental tenet of criminal law.” (Horowitz et. al. 1997).
There are major problems with our criminal justice system. In the last one hundred years, there have been more than 75 documented cases of wrongful conviction of criminal homicide. According to a 1987 Stanford University survey, at least 23 Americans have been wrongly executed in the 20th century. For this very reason, the State of Illinois imposed a moratorium on the state?s death penalty in 2000 when it was discovered that 13 inmates on its Death Row were wrongly convicted. Anthony Porter, one of the 13, spent 15 years on Death Row and was within two days of being executed, before a group of Northwestern journalism students uncovered evidence that was used to prove his innocence.
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
“Since the reinstatement of the death penalty in the United States in 1976, 138 innocent men and women have been released from the death row, including some who came within minutes of execution. In Missouri, Texas and Virginia investigations have been opened to determine if those states executed innocent men. To execute an innocent person is morally reprehensible; this risk we cannot
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law