Consistency Of Trial Essays

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Each alleged offender or defendant in the Criminal Justice Process should be considered on an individual basis because consistency of process is fairer than consistency of outcome. Do you agree?

The purpose of the criminal justice process is to basis of the criminal justice process is the idea that individuals will receive a fair and unbiased trial

The purpose of the criminal justice process is to stand as a reasoning organisation dedicated to keeping order and honour in society.

^^Law enforcement and public protection.

Our Lady of Justice, which stands on top of the Old Bailey, is the representation of blind justice. This is the idealised image of justice in the United Kingdom.

Due Process Model constructed by Herbert Packer, (Stanford University Law Professor) focuses on individual crime control. Political climate determines which model shapes the current criminal justice policy, the current state of the government.

The key goals of the criminal justice system is to provide fair trial and maintain the balance of order and repressed crime in society. The criminal justice system is there to protect the public. Also to prevent the lack of control and provide a system to follow-leads to repression of crime.

Q: Do you agree that an alleged offender/defendant in the criminal justice process should be looked at on an individual basis? Do you agree that having consistency of process is fairer than having consistency of outcome?

Consistency of process is a value of the criminal justice process.
The ultimate role of the criminal justice process is to find the legally guilty and

Focus on the institutions of trial (the courts) and sentencing…

Student handbook of criminal justice and criminology Chapter 2 The politics and processes of criminal justice.

Legal Guilt:
According to the doctrine of legal guilt, a person is not held guilty of a crime merely on a showing that in all probability, based upon reliable evidence, he did factually what he is said to have done. Instead, he is to be held guilty if and only if these
Herbert L Packer The Limits Of The Criminal Sanction

The doctrine of legal guilt under the Due Process Model:

factual determinations are made in procedural regular fashion made by authorities acting within competences duly allocated to them.
Institutions: Trial and Sentencing

Blind justice

One of the key goals of the system is to provide a fair trial.

Due Process

Focus on individual liberties and thorough and fair evaluation. Due Process leads legal procedures in fact-finding in order to find a person guilty. (Legal Guilt)
Offenders should not be found guilty solely on the basis of facts.
Or acquitted
This allows no room for invalid practice.

Discretion

Institutional racism, out of court disposals and pre-emptive criminalisation from the root of discrimination.

CPS Sentencing Roles - https://www.cps.gov.uk/publications/code_for_crown_prosecutors/role.html

The crown prosecution service government website states that sentencing is the courts right. Sentencing can be decided by mitigating or aggravating circumstances, which will change the outcome of the trial for better or worse.

The basis of the criminal justice process is the values and beliefs that each alleged offender will have consistency of process, which leads to fair trial. It does not state that all alleged offenders will be treated equally as mitigating and aggravating factors may change the way in which an individual is seen/heard by the court.

https://www.gov.uk/government/policies/making-the-criminal-justice-system-more-efficient Current CJ Policy

Blind
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