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Criminal Justice Model

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The Youth Justice and Criminal Evidence Act 1999 recognises that some victims and witnesses may have significant difficulties giving evidence in court as a result of their age, fear of intimidation, and/or circumstances . These include: Giving evidence behind a screen positioned around the witness box; giving evidence by a live TV link from a room outside the courtroom; giving evidence in private by clearing the courtroom of members of the public; removal of wigs and gowns by judges and lawyers; use of video-recorded interviews as evidence in chief; examination of the witness through a Registered Intermediary; and the provision of aids to communication such as through a computer or other device to communicate when giving evidence.
1.2.4 Victims …show more content…

This examination of the criminal justice system is also done by Sir Keir Starmer as he traces the development of victims’ rights in the last 15 to 20 years and demonstrates the importance of human rights law in shaping that development in his article Human Rights, Victims and the Prosecution of Crime in the 21st Century. The basic thesis of that article is that “victims’ rights present a fundamental challenge to the basic criminal justice model which has been in place in most common law countries for decades if not centuries; that key developments in victims’ rights would not have taken place without the positive approach of human rights law (comparing here to the negative freedoms approach of the common law); and that the readjustment of our criminal justice arrangements to accommodate victims’ rights, whilst well and truly under way, is far from complete” . To help develop this thesis, he examined four aspects of the criminal justice arrangements which are of crucial importance to victims: the criminal law itself; the investigation of individual allegations of crime; the decision of the prosecutor whether or not to bring criminal charges against a suspect; the hearing before the …show more content…

Starmer contends that, any debate about victims’ rights in a criminal justice context has to start with the criminal law itself. To him, unless the law ‘adequately and effectively’ protects the rights of victims, there can be no question of a criminal investigation and prosecution. This fundamental proposition was accepted by the European Court of Human Rights (ECtHR) when it found a violation of the rights of a 16-year-old rape victim where her mental handicap was such that she was unable to make a personal complaint and her father was not authorised to file one on her behalf. The Court ruled that civil remedies were not an adequate response to serious wrongdoing, thus effectively creating a right of access to criminal

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469 Words | 2 Pages

Olaf Dietrich, a German born migrant with a history of prior offences as his alias “Hugo rich” found himself face to face with the law after being found guilty for a range of drug related offences. The offender both naive and ignorant to the processes of the law took it upon himself to represent his case alone, a decision he did not expect to be incriminating in the outcome of his final verdict. Olaf Dietrich believed, although much to the dismay of any potential representatives, that he had a high chance in succeeding in his case and refused to plead guilty or believe otherwise. After exhausting all attempts he made to seek legal representation and being forced to then proceed with his trial as a lone representative, it wasn’t until he had

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2102 Words | 9 Pages

The source examines the impact of victims being wrongfully convicted and imprisoned, and the international approach to the issue. Australia has signed the International Covenant on Civil and Political Rights (ICCPR) signed by the Australian government in 1972, which states once a person has been wrongfully convicted and they have received a punishment, by law they are entitled to compensation unless its proved there is an unknown fact which has arisen. However, this was never adopted into Australian law, as a result any individual wrongfully convicted and imprisoned isn’t entitled to any compensation under Australian law. Australia’s commitments to signing this is that all states and territories must meet their obligations under article 14 (6) which are incorporation of the domestic article into domestic legislation to ensure a legal right to compensation. Though a state or territory government does have the ability to make an ex gratia payment to a wrongfully convicted individual through a request or their own doing.

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334 Words | 2 Pages

In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.

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251 Words | 2 Pages

The two models of criminal justice are control model and due process model. The control model is a model focuses on the community as a whole this model is known to the most important of them all because it focuses on moving the process the case as quickly as possible to bring to a close. Packer resembles his control model as “ assembly line justice” (Bohm & Haley, 2014). The control model allows the individual who is accused of committed a crime is able to work free with a plea bargain.

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174 Words | 1 Pages

The first layer the Wedding Cake Model of Criminal Justice are celebrated cases. These cases are directly in the sites of media outlets. This because of the celebrity involved with the case. These type of cases command a great deal of media attention. When the court systems are dealing with these types of cases, they have to go about them a certain way.

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1340 Words | 6 Pages

“On July 30, 1992, an innocent person was convicted of a heinous crime”. Guy Paul Morin, an ordinary man, was arrested, imprisoned and convicted of first degree murder. The victim was Christine Jessop, a nine-year-old girl from Ontario, Canada. She was found murdered in a field about fifty kilometres from where she lived. Due to the investigation team’s carelessness and tunnel vision, the systematic failure of the justice system, and the poor handling of evidence by the crown there was not only one, but two victims in this case.

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942 Words | 4 Pages

Article Presentation Kathleen Harris and Alison Crawford (2015) wrote article in relation to, Robin Camp, a federal Canadian court judge, who was adjudicating a sexual assault case involving a 19-year-old women in Calgary, AB in 2014. During the victim’s testimony, Judge Camp asked the 19-year-old women “why she could not just keep her knees together” and “why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you” (Crawford & Harris, 2015). These statements spark issues with the public and our judicial system. Due to this statement, Judge Camp has received many complaints, as well as, under review for his behaviour from the council.

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70 Words | 1 Pages

The victim right’s movement of the 1980’s demonstrated a shift in the Judicial and Law Enforcement practices from Rights of the accused to rights of the victim. The fundamental right of the victim was to be represented equitably throughout the criminal justice process. There are four basic rights of the victims that are the right or information and notification, participation, the right to feel and be reasonably protected and

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673 Words | 3 Pages

Victim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.

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909 Words | 4 Pages

A comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice.

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620 Words | 3 Pages

It did not take long for the protagonist, Henry Fleming, to change from a weak-spirited and immature adolescent to an experienced and brave veteran. Despite of his frail beginning, he starts to remove the fear, and in a sudden, the fear transforms to bravery. Henry becomes mature by undergoing several circumstances, and finds enlightenment from those circumstances with his eclectic reactions: distorting the reality, listening to the words from his companions, and realizing the societal group. Henry has focused getting a glory and reputation from the beginning of this novel.

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522 Words | 3 Pages

Abortion, a termination of a pregnancy. An innocent unborn baby who have the right to life who aren't able to live because of one's selfish reason. Abortion has been a debatable topic for many years. It has had a negative impact on society. Abortion can cause heartache and psychological complications.

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1035 Words | 5 Pages

Justice may sometimes be cruel and harsh, in being so, however, it is universal for each and every one of us and we defend our rights in the name of it. When certain violations of justice occur individual entities are charged with different cases for which they are called up on a trial. For everyone to get a fair trial, there are some aspects to the law that need to be respected. The likes are: the phenomena of the “due process”, questioning the credibility of the witnesses and the role of advocates' persistency when defending their clients. All of these, together with a great deal of other principals, have to be there for justice to be done to the whole society.

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1705 Words | 7 Pages

Victims, Victimization and Victimology: A Socio-Legal Study Dr. (Mrs.) Ravidankaur R. Karnani Assist. Professor & I/c. Principal, Law College, Palanpur karnani_ravidan@yahoo.com, 7990980278 Abstract For many decades, the victim was the forgotten party in the criminal justice system as the main focus was that the perpetrator of a crime should be punished. But the victims of crimes stand poised equally in the scales of justice as the victim is not a passive object but an active component of the whole judicial process.

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721 Words | 3 Pages

There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.

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