Effectiveness of the Criminal Trial Process as a Means of Achieving Justice

977 WordsFeb 26, 20134 Pages
The effectiveness of the criminal trial process as a means of achieving justice The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice. There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of…show more content…
This may also be due to the credibility of scientific evidence, for example the scientific evidence of DNA is hard to disprove in court as members of society are made to believe through the influence of social media that if there is DNA evidence present the accused is guilty beyond reasonable doubt. While DNA has helped solve many cases and been used in court during the criminal trial process to prove and disprove an accused innocence it also adds to the flaws in the efficiency of the trial process. There are cases in which the accused had been wrongfully convicted due to DNA results, such as the case of Farah Jama where a man was wrongfully convicted of rape through the evidence of DNA alone. Farah Jama was convicted of raping a woman in a nightclub in 2006, in 2008 before a jury he was sentenced to six years jail by Judge Paul Lacava. Farah was found guilty of rape solely on the basis of DNA, adding to the suggestion that the jury is persuaded by the DNA evidence. In early 2009 a solicitor took on Jamas case, asking for the retesting of the key DNA sample, the scientist who retested the sample expressed doubts to its reliability. Jamas was later acquitted and it is highly likely that he was convicted of a crime that never took place. This was a miscarriage of justice which raises the question whether or not scientific
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