In Ian McEwan’s Atonement, Michael Chabon’s Wonder Boys and Louise Erdrich’s The Round House the legal system fails to produce just outcomes. In Atonement one of the main characters, Robbie is convicted of raping a young girl, when in fact he is innocent. Despite only unsubstantiated evidence from a 13-year-old girl, he is convicted. Only after the judicial system had failed did the girl wish to recant her former account, but by then it was too late. “ If you were lying then, why should a court believe you now? There are no new facts, and you’re an unreliable witness” (McEwan 82). In this unjust sentencing of an innocent man, Atonement shows that not only does the legal system sometimes err, but that these errors are often particularly difficult to ameliorate. Unfortunately this is not an anomaly. One in nine people sentenced to death row were later exonerated showing that sometimes instead of being the solvency for wrongdoings, the legal system can be the source (Stevenson).
Why not focus on just one nation instead of studying the problem of wrongful convictions across different nations? Research has been justified by comparative studies, satisfying the curiosity of the other nation’s justice system. The benefits of obtaining research from other nation’s studies is the most important. Often, we learn more about our own justice system by looking at it in the perspective of another nation 's system. The compare and contrast that we look at will decide whether our system should be improved so that what is served is justified. The improvement of justice through the reduction errors has made us undergo research. Therefore, the ones who take part to the cross national analysis and learning from each other about the ways the other nation’s systems work to avoid wrongful convictions.
When a defendant is found guilty of a crime, it is the court’s role to decide upon a sentence that should be given to the offender. Typically, Magistrates and Judges are the main people that decide on sentences in the legal system. During the sentencing phase, there are specific rules by government that have to be followed when deciding on penalties and sentences. Every crime is given a maximum sentence, which is set based upon the type of crime committed. The four categories of sentencing are: custodial sentences, community sentences, fines and probation. There are also noncustodial sentences set in place as well. Furthermore, I will go into depth about the different sentencing that is used by the
In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations.
In the 16th century, different societies with distinctive social and common religious views have assisted in the harsh treatment towards witchcraft. The accounts in Salem provided its reasoning on the unexplainable acts and questions being associated with the devil producing an execution of hanging. Whereas in Europe implemented its action of persecution and torture on the influential publication of Nicole's Remy and Jean Boldin. Depending on the social and religious components in a particular community, contributes to how one perceives a witch and how they will communicate and administer the participant of witchcraft.
The journal “Women and Explanations for European Witchcraft Beliefs in the 16th and 17th Century,” debates whether witchcraft was a tradition or part of everyday culture. James Sharpe believed that witchcraft was a part of everyday culture during that period. People targeted others for revenge or said they were a witch because they were an outcast. Anne Laurence argues that Christian and secular prosecution developed common tradition of witchcraft by popularizing a belief neither of Sharpes
In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.
Witchcraft in the 1400s going on to the 1700s gained massive popularity due to several factors. Some of these factors included hallucinogens contained in the “oyl” women used to anoint themselves, manipulating the hysteria and using it as a form of social control to make people conform to the norms of the society and lastly, using it to explain misfortunes that afflicted the people of the community and the neighboring ones.
It is a judge’s duty to uphold the law and ensure proper procedure and due process are followed during court proceedings. “Although extralegal factors are not supposed to influence a judge’s sentencing decision, studies show they invariably do” (Bohm & Haley, 2011). Ideally judges would remain unbiased, however, this is impossible as an interpretation of the law demands an individual’s perspective. This is why the higher courts, like the Supreme Court, are composed of several judges. Different interpretations are expected. Bohm and Haley explained some of the characteristics most likely to influence a judge’s decision during sentencing are “their prior experiences both in and out of the courtroom, their biases concerning various crimes, their emotional reactions and prejudices toward the defendants, and their own personalities” (2011).
However, under further analysis, it becomes apparent that the verdict acts more as a deterrent rather than an upstanding legal configuration. The legal system, for the average person in New South Wales, is only a figure of authority that deters the individuals from breaking the law, which some may say is what it is there to do. Conversely, we need it to do more than that, we need it to properly meet our requests when we are involved in legal
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.
Shorter defines witchcraft as the “inborn power to harm others secretly and unjustifiably.” This mean, there is no reason, it shows that witches harm randomly because they are driven to do so. According to Magesa, they operate psychically and project from the mind their powers on the victim. There is no rite preformed or spell uttered. Magesa draw a dichotomy between a sorcerer and a witch thereby states, “The use