Criminal Evidence Essay Question

Criminal Evidence Essay Question - Criminal Evidence...

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Criminal Evidence Coursework: Library Card No: 0350575B The defendant in any criminal trial is the most important player, after all he or she has most to lose. The law of evidence has lost sight of the fact that because of this, the defendant’s rights and interests should always be paramount. Discuss using examples. Introduction: This statement assumes that the needs of the defendants should have top priority in the criminal justice system. There is some truth in this statement and I will go on to discuss this truth in detail later on. However, in my essay I am going to argue that the rights and interests of the victims especially vulnerable victims are more important than those of defendants. Imbalance: There is some truth in the statement above because there is an imbalance of power that exists between the defendants and the state. There is a process known as case construction. This is where the police investigate a case and then after gathering enough evidence pass the case file on to the Crown Prosecution Service. Two tests are met. That is if the evidential test and the public interest. In the evidential test, there must be sufficient evidence on which a case can be taken to trial. In the public test, it must be in the public interest to take the case to trial. If these tests are met then the C.P.S will then go on to prosecute. The prosecution decides what is relevant to the defence case. This means that prosecution structures the case. Therefore an imbalance exists between the state and the defendant. This is because the prosecution is funded by the state and yet the defendant does not have to his disposal the resources that match those of the state i.e. the police investigate and the C.P.S to prosecute. Usually the defendants are poor members of society on legal aid, and this imbalance works against them because they cannot afford this kind of service. Evidence law 1
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2 tries to redress this imbalance of power. In case construction, when the police find a suspect, they seek out to find evidence that will convict that suspect, they(police) are not usually looking for other suspects. The major problem is that if a case appears to be a weak, the police will look for and build up evidence which will make a weak case strong if they want to prosecute. On the other hand, if a case appears strong, the police will look for ways to downplay it, and make the evidence weak if they are not interested in prosecuting that particular case. One of the foundational principles of criminal evidence is promotion of the principle of accurate fact finding in the criminal proceedings. In order to achieve justice in individual cases and to protect the community from crime, the right people have to be caught, tried and punished. This is vital for public confidence. There are subjective interpretations of “justice” and “public opinion”. One can argue that real justice is arresting and convicting the criminals regardless of how it is done. On the other hand,
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This note was uploaded on 02/25/2012 for the course CJ 2350 taught by Professor Todd during the Fall '08 term at Texas State.

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Criminal Evidence Essay Question - Criminal Evidence...

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