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American criminal Justice
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AMERICAN CRIMINAL JUSTICE SYSTEM
Society’s views of the American Criminal Justice System have been steadily declining for some time now, and the results of that can only be detrimental to the entire country. ... If we are to be able to efficiently procure justice, then support of the public is essential. ... First, as a society, we need to realize that in order for justice to prevail, there must be a balance between police officers and accused criminals. ...
The rights of the accused are in danger of being eroded, but these fundamental pre-trial rights are the basis of the American criminal justice system and it’s foundation of “innocent until proven guilty”. ... The Fifth Amendment states, in pertinent part: “no person…shall be
compelled in any criminal case to be a witness against himself”. ... Miranda just makes it hard for police to brutally batter an accused criminal into a confession, and then use it in a Court of Law. ... Considering that there cannot be a system in which every guilty person is convicted, we must weigh the possibility of allowing a probable criminal go free against our rights as free individuals. ...
As was previously said, the people need a regulator to ensure that the scales of justice stay balanced. ... Take for example, the six basic premises that underlie American criminal law. ... No criminal liability for thoughts alone, there must also be actus reus (guilty act). ... Action or non-action as the case may be, without bad mind (mens rea) is not a basis for criminal liability. ... The criminal act must be the proximate cause of the injuries suffered. ... There is no criminal liability where there is no harm. ...
Also, consider the defenses to criminal liability. To name a few, insanity, infancy, coercion, self-defense, and in some instances, consent, are all defenses to a criminal act (LaFave, 1986). Each of these defenses has it’s own set of elements, and definitions, which are as essential to the procurement of justice as the defining of criminal liability. ... If we are not to return to the days of lynching, then we must have a proper procedure for effectively defining criminal behavior.
Once criminal liability has been established, an attorney’s obligations do not end there. ... While the Judge and/or jury will determine what the true version of the facts is, the defense and prosecuting attorneys play important roles in the ascertainment of truth and justice here. ... This is probably true, after a criminal is convicted. ... In a study done by Gallup Polls in 1999, 69% of college post grads stated that they had a great deal, a lot or some confidence in the American criminal justice system, as compared with only 63% of those with a High School diploma or less.
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Paper Information
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Title: American criminal Justice
Words: 2144 Rating: None Pages: 8.6 submitted by: ilkkorn
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