A crime is an act punishable by the state that causes harm or discontent against a community or individual. Crime is known to be “an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law”1. Crime can be classified through a variety of elements which violate the rights of a community at large. Acts of crime are punishable upon proof of guilt that are presented in the court of law. Consequently, criminal law is the law which defines these crimes and may aid or establish their subsequent punishments. These criminal laws are enforced through criminal procedures and trials. These trials however, can be influenced, corrected, and sometimes even regulated by the media. This creates a strong issue of injustice and unfair trial within society, and may prove to be detrimental to the foundations of just law and punishment.
The term “trial by media” is used when individuals and others involved in court proceedings or cases believe that media coverage and opinion has infringed their rights to a fair trial. This often includes the idea that the information published throughout the media, can influence the juries decision and override a just and fair decision process, therefore not allowing the individual to have the right to pleading innocent until proven guilty. There have been many incidents and cases that have resulted in the media publishing incorrect judgements, or creating their own finality or illegitimate opinion on a case, therefore publishing headlines that incline bias. This tends to infringe the judiciary’s role, that have not yet created a sentence for the individual. This means that the jury could easily walk into the court room, already having the knowledge of invalid media...
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...ated: 17 November 2011
Dictionary
www.dictionary.reference.com/browse
Copyright 2011
BBC News On This Day (1950 - 2005) “Your Memories Of The Dingo Baby Trial”
http://news.bbc.co.uk/onthisday/hi/witness/october/29/newsid_4395000/4395984.stm
D’Arcy, William Theodore - Bill D’Arcy Support Group “Victim of Trial By Media”
http://www.apersonalhistory.com/Bill_D'Arcy/frBillAppeal.html
Lawrence, Kara Daily Telegraph “Inside the Mind of Evil Predator”
http://www.dailytelegraph.com.au/news/inside-the-mind-of-evil-predator-convicted-paedophile-dennis-ferguson/story-e6freuy9-1225776838465
Dated: September 19, 2009
BOOKS:
Miller, Frederic P “Trial By Media” VDM Publishing House Ltd. 2010
Totaro, Paola “Born or Bred?: Martin Bryant” Fairfax Books, 2009
Writer, Larry “The Australia Book Of True Crime” Pier 9 Publishing 2008
The news reports crime daily. Crime is something that we cannot run from in today’s society; so we depend highly upon the justice system. Criminal Justice is a major concern. Criminal Justice consists of three areas: our police, courts and corrections department. The Criminal Justice system was put in place by these agencies, and established by the governments to help control the crimes and applies penalties to those that violate the law. Many people feel that the criminal justice system is there to protect and serve while others feel that the criminal justice system fails them daily.
Crime can be defined as an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
The trial of the century, as the O.J. Simpson case came to be known brought the world to a standstill. The publicity before, during and after the trial proceedings was the astonishing. Pretrial publicity brought upon issues that required the application of relevant cases and the amendments of the constitution. With such a famous person as the main suspect in a murder trial the media wanted to provide as much information to the public as they possibly could. The 1st Amendment of the United States gives the media a right to gather and report information to the public. (Sager, 1994-1995) The 6th Amendment allows all persons to have a fair trial; this is a concern to the defendants, if the media is providing information to the public that could later be used at trial. For example, the media wanted to have access to the 911 audio tape of the 1989 call that Nicole Brown Simpson made to the police. (Burleigh, 1994) In this tape, O.J. Simpson can be heard in the background angry and yelling obscenities towards Nicole. You can also hear Nicole trying to calm him down. These audio tapes were to be a large part of the trial, but whether they would be admissible or excluded had yet to be determined. If the public obtained these tapes, they would be played all throughout the TV and transcribed into the newspapers and tabloid magazines. Releasing this information could potentially contaminate the jury pool and cause an unfair biased towards the defense. Eventually, with the California Public Records Act the audio tapes were released to the public before they were approved for trial. (Burleigh, 1994)
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
Crime is seen as deviant behaviour that violates prevailing norms which are the cultural standards prescribing how humans ought to behave normally. This violation of a law;-offences against the person, violent offences, sexual offences and offences against property, causes injury to the public or an individual and a term in jail or prison, and/or a fine are possible penalties.#
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
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
The issue of pretrial publicity is a maze of overlapping attentions and interwoven interests. Lawyers decry pretrial publicity while simultaneously raising their own career stock and hourly fee by accumulating more if it. The media both perpetrate and comment on the frenzy -- newspapers and television stations generate the publicity in the first place and then actively comment on the likely effect that the coverage will have on the trial. When a high profile case is brought to trial, many media outlets report not only on the details of the trial, but also details about the persons involved, in particular the defendant. Much of the information reported regarding the case is released before the trial starts. Furthermore, media outlets may not only report facts, but also present the information in a way that projects the culpability of the defendant. By allowing pretrial publicity of court cases, potential jurors are given information that could sway their opinion of the defendant even before the trial begins, and how they interpret the evidence given during the trial. The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment of the U.S. Constitution. The right of the press, print and electronic media, to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an impartial jury. However, there is a compromise between these two Constitutional rights, which would allow for the selection of an impartial jury and allow the media to report on the details of the case. The media should only be able to report information once the trial has...
Long-drawn out trials that go on for years cause psychological stress, tension in the family of those involved in the case, and these trials make a huge dent in the money supply of the court system in the government. Each day members of the jury have to be accounted for and must receive money for their services. Using a judge is both cost-effective and smart. Additionally, judges usually don’t take as long to make decisions in court as they are both efficient in what they do and are well-informed of the subject, the particular person on trial, and they have the know-how to execute the correct sentence. “In 2010, 2,352 federal criminal defendants had a jury trial and 88% of these criminal jury trials ended in a conviction.” (Document A) Now on the one hand some...
Throughout society there are both individuals and groups of people with a wide range of perceptions about crime and justice. These perceptions are influenced by the media and what the media presents. Media presents crime stories in ways that selectively distort and manipulate public perception, thus creating a false picture of crime. Therefore the media provides us with perceptions and social constructions about our world. Firstly I will be discussing the role of the media in constructing knowledge about crime. I will begin by explaining why the media is important, and go further to explain that media representations construct knowledge of crime and since knowledge about crime is constructed it does not necessarily capture reality in fact crime stories are often sensationalised. I will then link this to my central argument that the media shapes people’s perceptions of crime and how this is important as it can lead to changes in the law. I will then explain what it is that the public or society needs to be aware of when reading and watching media reports about crime. We need to be aware of bias and moral panics that are created by the media and how the media shapes or influence’s public perception through this, it is important for us to be aware of misleading or false crime stories so that we are not swayed by the media in believing what they want us to believe.
Crime is defined as an act or omission that the law makes punishable. There are different ways in dealing with crime. One, our current system, is the criminal justice approach. Also known as retributive justice, this system is more offender directed than anything else. The other system, which many people think is better, is the community justice, or restorative approach. The restorative approach is much more victim oriented. There is a debate over which system should be used to deal with crime. The two differ in many ways.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
Criminal law refers to rules and statues that define conduct prohibited by the government because it endangers society. It prohibits and punishes wrongful actions. The plaintiff is the prosecutor who files the complaint and the defendant is the individual or organization who have appeared to broken the law. The purpose is to deal with the disputes between individuals and/or organizations, in which compensation is awarded to the victim. Almost always a jury is involved, who is a group of peers determining whether or not the accused is guilty.