The Role of Evidence in the Criminal Justice System Essay

The criminal justice system plays an important role in this society, it is meant to protect and serve. This “system” is also meant to maintain the peace and enforce the laws set by the government. However, the criminal justice system is not even close to perfect. It has many flaws, some of which are: police brutality, death penalty, mass incarceration, gun violence, and especially wrongful convictions. A majority of the flaws that the system has can be easily fixed and can be set straight. For example, the issue of wrongful convictions has been relevant for quite some time and has the potential to decrease its probability of occurring by focusing on the importance of scientific evidence, rid of faulty witness testimonies, and make sure that the lack of evidence and/or government misconduct, if applicable, does not determine the outcome of the case.

Forensic science and law are often seen as two opposing disciplines; forensic science is often presumed to be factual and law can be interpreted in multiple ways. Science and law reach conclusions in different ways which is an issue. Due to these differences, miscommunication is often the cause for miscarriages of justice. In order to address this problem, people working in the criminal justice system should have more knowledge of forensic science. There are many factors that contribute to the lack of understanding between forensic science and the people involved in the court process. Firstly, the adversarial model will be discussed in relation to how these procedures prevent effective communication between forensic evidence and lawyers. Secondly, the role that expert witnesses play in the presentation of scientific evidence and how jurors play a role in interpreting their evidence, will be considered. Thirdly it will be argued that lawyers and judges lack adequate knowledge of forensic science that is needed to conduct accurate trials. Lastly, possible solutions to improve the communication between forensic science and the actors involved in the criminal justice system. Juries, lawyers and judges should be more educated in understanding forensic science.

The problems surrounding the criminal justice system range from a variety of issues in different areas of the system. But i believe they are all connected back to a societal problem, that has to do with a outdated philosophical notion “redemptive violence”. I will break down each aspect, which i find most troubling. I will cover problems between policing and peacekeeping, corrections options, and the issue of redemptive violence which is a major issue in the philosophy of the criminal justice system. These issues represent problems that have always been key topics when discussing problems of ethics in criminal justice. Policing and Peacekeeping are roles that have long been debated in usefulness to stopping crime. Corrections comes with the reality of incarceration having little chance of success but more likely a higher rate of recidivism. I well also touch on briefly the issues of attorney discretion. While the issue of redemptive violence ties them all in, As i well show this philosophy is the “root of all evil” in the issues facing the criminal justice system.

Nearly anyone you ask would be familiar with the television show CSI. The crime lab is colorful and high-tech with all of the fun toys and machines that analysts use to test the ever abundant amount of forensic evidence from every crime scene. It makes for an exciting drama that you cannot help but get immersed in—it also gives us a false illusion, however, creating what has been dubbed as the “CSI effect” (Baskin, 2011). This effect describes the idea that crime shows such as CSI generate unreal expectations, making viewers believe that forensic evidence should be existent in all criminal trials, therefore affecting their overall perspective on a case (Baskin, 2011). But in reality, forensic labs are not that glamorous. In fact, the

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.

Forensic science evidence admissibility is when the forensic evidence can be used in the courtroom against a person. Any forensic science evidence that is admissible will be used in courtroom against that defendant. All types of evidence are shown to a judge or a jury to me a case against a suspect. Evidence that can be considered admissible, is any document, testimony, or tangible evidence used in a court of law. There are four types of evidence. The four types of evidence are demonstrative, documentary, real, and testimonial evidence. An example of demonstrative evidence is

Along with senses, evidence I believe is very straightforward when dealing with how we know. Without evidence the court system would not be able to

In order to keep a safe society, it is important to establish a nation with

This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.

When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.

or she did not nee to record it. If the Government do succeed in the

May and Powles view evidence as ‘something’ which tends to prove or disprove something else. In the context of a trial this consists of information placed before the court for the purpose of proving or disproving facts in issue. Beecher-Monas states that in a system based on the rule of law and which aspires to ‘truth’, the accuracy and reliability of such information is essential. The mechanisms available to the court to determine the latter, centre on the presentation of evidence under oath, cross-examination and the observation of witness demeanour .

The Criminal Justice System goes as far back as the days of Jesus. There were Soldiers who acted like policeman, the tribune which was the court system, and Caesar, Herod and even Pontius Pilate stood as judge. The prison system was that of dark caves and dungeons. As we journey to the twenty-first century, nothing has genuinely changed. In my essay I will explicate how the various aspect of criminal justice relate to one another as well as why it so important in society. Criminal Justice refers to the facet of social justice that concern violators of criminal law. The

There are many tangible circumstances that tend to prove or disprove some facts in all criminal or civil cases. Under rule 41(b) “A warrant may be issued under this rule to search for and seize any (1) property that constitutes evidence of the commission of a criminal offenses; or (2) contraband, the fruits of a crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained” (John N. Ferdico, 1999). Evidence is one of the single most important pieces of a criminal trial. It is used to determine a defendant’s guilt or innocence.

Evidence is the key element in determining the guilt or innocence of those accused of crimes against society in a criminal court of law. Evidence can come in the form of weapons, documents, pictures, tape recordings and DNA. According to the American Heritage College dictionary, evidence is the documentary or oral statements and the material objects admissible as testimony in a court of law (476). It is shown in court as an item of proof, to impeach or rehabilitate a witness, and to determine a sentence. This paper will examine two murder cases, O.J. Simpson and Daniel Taylor.