Legal Studies- Courts Role in the Criminal Justice System
Describe the role of courts in the criminal justice process:
The main role of the courts is to interpret and apply the law. In terms of a criminal justice process the court serves as the place in which a trial is heard and a sentence decided.
Evaluate the use of the adversary system as a means of achieving justice:
The adversarial system is moderately effective in achieving just outcomes for the individual and society as well as attempting to protect their rights.
One of the main features that ensure the protection and just outcomes for all people is the consistency of the adversarial system. This means that each case will have the same features with the examination of evidence and witnesses as well as the ability for the opposing side to cross examine the witness. As well as the consistency of this, the adversary system allows for people to have greater access to the law. This is especially the case as the burden of proof lays with the accuser not the accused. Hence they have a greater chance of the case being found to have an innocent person hence staying with the rights of the individual to be innocent until proven guilty.
On the other hand many believe that the system results in a case that is won by the best side and not the one with the ‘correct’ evidence. This in turn reduces the ability for just outcomes for all of society as they are unable to win cases in which they are actually innocent or people are not punished when they are actually guilty. This reduces the access to society and means that their rights will not be protected because they are unable to use the system to their advantage in order to achieve the outcomes that are desired and socially correct.
Overall this demonstrates that the adversarial system is moderately effective in being able to achieve justices and protect the rights of the society and individuals.
Examine the role of legal representation in the criminal trial:
The role of legal representation is the stand up on
The main role of the courts is to interpret and apply the law. In terms of a criminal justice process the court serves as the place in which a trial is heard and a sentence decided.
Evaluate the use of the adversary system as a means of achieving justice:
The adversarial system is moderately effective in achieving just outcomes for the individual and society as well as attempting to protect their rights.
One of the main features that ensure the protection and just outcomes for all people is the consistency of the adversarial system. This means that each case will have the same features with the examination of evidence and witnesses as well as the ability for the opposing side to cross examine the witness. As well as the consistency of this, the adversary system allows for people to have greater access to the law. This is especially the case as the burden of proof lays with the accuser not the accused. Hence they have a greater chance of the case being found to have an innocent person hence staying with the rights of the individual to be innocent until proven guilty.
On the other hand many believe that the system results in a case that is won by the best side and not the one with the ‘correct’ evidence. This in turn reduces the ability for just outcomes for all of society as they are unable to win cases in which they are actually innocent or people are not punished when they are actually guilty. This reduces the access to society and means that their rights will not be protected because they are unable to use the system to their advantage in order to achieve the outcomes that are desired and socially correct.
Overall this demonstrates that the adversarial system is moderately effective in being able to achieve justices and protect the rights of the society and individuals.
Examine the role of legal representation in the criminal trial:
The role of legal representation is the stand up on