Double Jeopardy In Criminal Justice

This essay will attempt to explain a watershed moment using the Sarah’s Law as an example. The main objective will be to observe how this law improved society using academic research and what improvements that can be provided with the law to help in the future towards treatments of victims and witnesses. This essay will highlight how Sarah’s Law was created and how it made a huge impact in the criminal justice system, as well as, the ways the law helped victims and witnesses in society today.

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective

During recent studies from several researchers it has been concluded that there is a fault within our criminal justice system. Researchers discovered there is a high wrongful conviction rate within the United States judicial system. After, extensive research, it was found that wrongful convictions are caused by eyewitness error, false confessions, flawed forensic science, an informant, bad lawyering, and government misconduct. Without a doubt, this issue has shocked society, due to the fact we rely on the system for pure justice. Within my findings, it is apparent that victims of wrongful convictions suffer numerous affects when

This report will analyse the role, principles and responsibilities of the Investigators in the McLeod-Lindsay case, it will describe how the legal boundaries and operational requirements were applied and detailing the legal procedures that were applied. Also including evidence and factors that brought about the pardon and the problems that the case highlights for the adversary system and its use of evidence.

One of the fundamental principles of the Criminal Law System is the presumption of innocence until proven guilty (McSherry, 2003). By enacting punitive legislation such as the examples given above, it has been said that it is removing this Common law right from the individual (Greig, 1995). It has also been said that it creates an exception to the general principle of law that no person shall be imprisoned unless a court comprised of Judge/Jury is convinced, beyond reasonable doubt that the person committed a very serious offence. Thereby effectively allowing people to be detained without the burden of proving guilt (Keon-Cohen, 1992).

The need for partial defence in murder cases has evolved through the common law and statue, in consideration of the weaknesses of the human mind to take control when faced with provocation and the challenges created by mental illness, which may result to serious violent. Court in England and Wales have experienced several difficulties in defining what “intention” (human mind) is in order to establish conviction for murder (R v Molony) 1985. This essay will therefore, discuss the need for partial defences to murder as “a buffer against the harsh effect of the mandatory life sentence for all cases of murder” in England and Wales.

In this paper we will be giving a small overview and some insight on our presentation which is on criminal trials, appeals, post-conviction remedies, and habeas corpus. The paper will also contain a few key points. In this chapter we learned about the “judicial process used during criminal trials, appeals, post-conviction proceedings,” including habeas corpus (Fredico, Fradella, & Totten, 2013). At first glance it may look like criminal trials and appeals are the most important part of the judicial proceedings, but criminal trials and appeals are mainly based upon the investigation of the police. A defendant can be guilty, but if the police don’t do a good job of collecting evidence and investigating, then the defendant can win and

In this essay I will be discussing both the pros and cons of re-establishing capital punishment into the UK justice system. Capital punishment, abolished in 1965 is the punishment by euthanising a criminal. There have been many debates of whether or not capital punishment should be re-introduced. I will focus mostly on the positive outcomes of re-introducing this punishment, for this is where my ideologies lie. I believe that the death penalty should be re–introduced into the UK to prevent crimes from being committed which will decrease crime rates, to provide a better justice for the victim and the victim’s family and to reduce over population in prisons.

The salient characteristics of the two theories of punishment, which find expression in English law, will be found below [1]. In the absence of any definitive public policy an unresolved tension exists, which derives from attempts made to reconcile the two theories,

The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.

“It’s a general problem not specific to the law of the United Kingdom a criminal justice system characterized by an emphasis on crime control rather than due process will inevitably produce miscarriage of justice.”

Since the beginning of the regime on criminal law, countries across the world have been focused on the rights of the accused and not those of victim. This is because of the consideration that the accused is alone and the government as well as the societal machinery is running against him.

Punishment is one of the most important features of the criminal process. Regardless of which punishment theory is being used, one must always consider the following triad: 1. the seriousness of the crime, 2. the interests of society, and 3. the accused’s personal circumstances. It is also crucial to take the outrage of the public into account. Punishments should not only deter the individual from re-offending but should also deter like-minded people from committing the same offence. Sentences should always be humane and balanced. It is always imperative that the degree of punishment is in proportion to the crime that has been committed.

In the case of S v Maluleke offender received a suspended sentence after being found guilty of murder. The reason for this unusual sentence was because the mother of the victim only wanted the offender to show her remorse and apologise for her wrongdoing. Showing that legislation should not “deter courts from investigating…[and] introducing…alternative sentences into our criminal justice system.” It should be important to consider that “when nothing is to be gained by punishment, it should not be imposed even…when it is deserved.”