Preview

Is It Fair To Be Tried In Criminal Court

Good Essays
Open Document
Open Document
487 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Is It Fair To Be Tried In Criminal Court
It is fair to be tried in both civil and criminal court for the same alleged actions because they deal with different aspects of the crime. For civil cases, it deals with whether you are liable or not, while in criminal cases it's whether your guilty or not. You can be found not guilty in a criminal case, however, you can still be found liable in civil cases. It is only fair that the victims get awarded damages. Furthermore, it is not against the 5th amendment since the defendant won't be at risk of life or limb in civil cases. Moreover, those found guilty in criminal cases are rarely brought against in civil torts. Clearly, there is nothing wrong with being tried in a criminal and civil court for the same crime.
How the witnesses gained their knowledge is important because it helps the jury or/and judge figure out the whole story. Each witness has their own perspective on what happen and provide evidence that will help the jury figure out who's guilty/liable or not. Witnesses can see what happened, but it may look like a different thing to another witness in a different angle. Moreover, some witnesses are there on the scene earlier than another so they understand more than another witness who might miss interpreting the scene due to the
…show more content…
This prevents them from making decisions based on what they saw someone do and not what they believe is right. Instead of basing their decisions on other court cases, they can make proper judgements on the current case and be open minded and not bias. Additionally, although various court cases are similar, there is always something different. So relying on a different case to make your decision will make the jury blind to the different facts presented. This will cause the jury to make wrong decisions even when the defendant or plaintiff proves their side. This shows that it is lawful for a judge to prevent the jury from being influenced by other

You May Also Find These Documents Helpful

  • Good Essays

    This is why the film Twelve Angry Men suggest that The United States Judicial system is very unfair to the person being tried because they don't check into the juror members enough which can lead to a very unfair jury…

    • 521 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Basically means that the jury cannot be biased to the accused. If you had people on the jury who disliked you or immediately judge you, then most likely you are going to jail. The second part of this is, you can’t have someone who has been involved with the same crime. For example if a mother who is on the jury lost a son to a hit and run, and you’ve be accused of a hit and run, it would have already been biased. The trail must be held in the area the crime took place, or it wouldn’t be fair to the accused.…

    • 104 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Although Judges and jurors do not have many similarities there are a few. For example, both the judge and jury in any case have to be unbiased and have no prejudices. Moreover both parties are not allowed to discuss the case/trial with anyone (apart from the jurors talking among themselves in private).…

    • 596 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Hurst Error Analysis

    • 642 Words
    • 3 Pages

    This Court did exactly that after the United States Supreme Court held that a jury must be allowed to consider nonstatutory mitigating circumstances in Hitchcock v. Dugger, 481 U.S. 393 (1987). In the wake of that decision, the State made essentially the same argument they are today: there was a Hitchcock violation, but the error was harmless. This Court rejected that line of argument because it refused to be bound by the face of the record. Instead, this Court permitted defendants who proffered evidence of the extent of the harm of the constitutional error to develop that evidence at a…

    • 642 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Court, Trials, and Sentencing: Due Process is a documentary explaining the court system within the criminal justice system. The American legal system is adversarial with two parties, the defense and the prosecution, working to prove to the jury their side is right. Overall the process of going through the court system is long and drawn out in order to make sure the person is guilty. From the initial charging to sentencing and appealing, there are a lot of steps the defendant needs to go through. This can be beneficial to the accused because it makes sure that they are guilty, but it also puts a burden on the community because of the time and money that needs to be spent on each individual case.…

    • 456 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Twelve Angry Men

    • 2510 Words
    • 11 Pages

    breeding ground – a place that feeds and nourishes the growth of what is born there…

    • 2510 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Jury nullification is a right enjoyed, but not understood, by all jurors in the US. This right gives jurors the ability to interpret laws for themselves and return not-guilty verdicts for guilty defendants allowing them to nullify laws. (Emal, 1995) The most common admonishment by judges is that jurors must decide the case based on facts, and that they are not in fact interpreting the fairness…

    • 1234 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The use of eyewitnesses has been a constant in of criminal justice system since its very beginning. Unfortunately, people do not make the best witnesses to a crime. The person may not have seen the actual criminal, but someone that looks similar to them. The witness may lie about what he or she may have scene. Also the witness can be influenced by the police as to who or what they saw at the time of the crime. The witness or victims memory of the person may have faded so that they don't remember exactly what had seen, which could be disastrous for the accused.…

    • 436 Words
    • 2 Pages
    Good Essays
  • Good Essays

    As Americans, we are given the right to a jury trial, one of the most important freedoms that out judicial system has to offer us. A jury consists of anywhere between 6 and 12 registered voters who determine whether a person is guilty or innocent in the act of crime that they are being accused of. Not only do they possess this power in a trial, but they may also judge the laws themselves and whether or not is perhaps unconstitutional, unfair, or cumbersome, in which case they can declare the defendant, the person accused of the crime, not-guilty. Their responsibility is heavy and their power enormous in the outcome of a trial. It is a way of distributing the power so that not just one person has total power, and also allowing society to be involved with their government because the jury acts as the conscience of our society.…

    • 480 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Finally a third reason why the jury system is still a good idea is because it usually works. During deliberation the jurors are usually doing what they supposed to do by gathering the evidence in the case it helps to let an innocent person go or a guilty person pay. Because a jury consists of multiple people from diverse backgrounds, it can arrive at a better verdict than can one person acting alone.…

    • 370 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Not all trials are fair because there is bias in America's justice system. Money can influence the judge's decision and help make the unfair decision. Since there is racism in our justice system, color has an effect on the outcome of a trail. The judges and police officers are not fair to everyone and this can cause a trail outcome to not be fair. Do you believe that the justice system is…

    • 714 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    To answer if America’s criminal justice system is fair and just is a hard question to answer and discuss. The reason behind that statement is because there are so many reasons for why it is fair and just, and then there are many reasons also why it is not fair and just. This topic is something people argue over all the time and one that doesn’t have a correct or wrong answer. If I had to answer this question right away I would say that I am in the middle, I say that because of after reading the chapter on crime It made me see all the problems our criminal justice system has that needs working out.…

    • 1164 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    This puts the power into a mass collective of people instead of one leader. The guarantee of a trial also ensures that people cannot be put in jail without first getting to plead their case. Our judicial system requires that you are innocent until proven guilty, and having a large jury ensures that one person cannot be the one who dictates your fate. One example of why this is so effective can be seen by taking a look at colonial America. When provided a jury at his case, John Adams proved that British soldiers were not guilty of murder. This was shocking. Although these soldiers were hated by the people and the judges of the town, the jury proved them not guilty. This scenario may have panned out differently if only one leader was to decide their fate. By providing people with a jury, this separates power unto a group of people to eliminate any chance of…

    • 535 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The judge makes sure the evidence is presented fairly and that the jurors understand the law and procedures.…

    • 1137 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Unjustice System One-thousand nine hundred exonerations of the wrongfully accused have taken place as of October 2016, forty-seven percent of which happen to be African-American. The justice system is considered a controversial topic because of the many factors that go into the discussion when talking about the justice system. Some believe that certain aspects of the justice system are unjust, while others see it as just. There is belief that if someone commits a crime they deserve harsh conditions, while others believe those on trial and prisoners are still human regardless of crimes committed and shouldn t be treated harshly. The justice system is unfair because of racial bias, unconstitutional overcriminalization, and monetary bias.…

    • 740 Words
    • 3 Pages
    Good Essays