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Criminal Justice System Case Study

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The Criminal Justice System (CJS) aims to balance the rights of the victim, offender and society (VOS) by relieving tension between community interests and individual rights, in order to ultimately achieve just outcomes. The CJS must be properly maintained and protected in order to achieve justice for VOS. Differing interpretations of the law during the criminal investigation process can result in offender’s rights not being recognised. Darby v Director of Public Prosecutions (2004) highlighted the difficulties in interpreting the legal definition of a search and reasonable grounds. Darby was prosecuted, then later acquitted upon a reinterpretation of the law. The Law Enforcement (Powers and Responsibilities) Act 2002 concluded that the sniffer…show more content…
However, as demonstrated by the R. v. Singh court case, provocation could be easily abused by offenders to use as a mitigating factor. As a result, the victim’s entitlement to a reasonable outcome and society’s right to safety were neglected. Following criticism from the media and public pressure, Section 23 of the Crimes Act 1900 was amended and the Crimes Amendment (Provocation) Bill 2014 (NSW) was introduced. Extra restrictions were introduced so that provocation could only be raised in murder cases and only under ‘extreme provocation’ circumstances. A “partner’s wish to end a relationship or a belief that they have been unfaithful”, and non-violent sexual advances now no longer constituted as a legitimate excuse for provocation. Furthermore, the amendments to the Crimes Act successfully abolished the abuse of the ‘gay panic defence’, while simultaneously ensuring that provocation could still be used as a partial defence for women who have murdered their partners after being subjected to prolonged domestic violence or abuse (‘battered woman defence’). It is evident that law reformations to the provocation defence have been successful in protecting the rights of the victim and bringing the law into line with community
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