The Miscarriage Of Justice

Superior Essays
Introduction
A miscarriage of justice can have devastating consequences for a person. People who committed crimes must need to be arrested, but some people are not involve in the crimes and those people are so-called innocence. For the people who are charged as criminals, they will suffer from a punishment which is imprisonment or the imposition of fine. If the crimes are defined as serious, the punishments may execute both to the criminals. According to these situations, it is difficult to imagine that the innocence may need to suffer the punishment without doing anything.

Referring to the statement ‘It is better that ten guilty people escape than that one innocent suffers’ (Walker, 2002), it concerns to the society at a serious level.
…show more content…
Humans are intelligent animals, they may think they can calculate and handle all the things around them. For example, there is a person who is a perfectionist, the person may predispose the outcome of the tasks are ideally perfect, but the results are finally different from what the person thinks as expected. This circumstance can be explained as ‘miscarriage’.

When being in trials, the judge must sentence beyond the case whether the defendant is acquitted or punished. When the crime is serious, the punishment will be more serious. The judge should treat the case accurately and justly, however after sentenced the defendant is a criminal, but the fact that the defendant is innocent. Accordingly, the judge produces a miscarriage of justice. Therefore, ‘miscarriage’ in criminal justice system is represented a failure to obtain the desired end outcome of 'justice' (Walker & Starmer, 1999).

Definition of
…show more content…
The crime control model assures that a civilized society can guard all of its citizens against victimization by criminals. Public and political discourses on miscarriages of justice are extremely polarised (Naughton, 2012). On the one side, the people who are committed to due process present the apprehension about the possible wrongful conviction of the factually innocent. On the opposite side, the people who are committed to crime control present the apprehension about the need to confirm that each one guilty offenders secure their ‘just

Related Documents

  • Great Essays

    Ivic 2 Romeo Phillion: 31 Years Behind Bars "It was all fabrication, perjury, bias, promises and coercing. That 's how they built their case. There is not one piece of evidence that points at me; it all points the other way." – Romeo Phillion Miscarriages of justice, where an innocent individual is wrongfully convicted of a crime, were, until recently, thought to occur infrequently. Although the number of wrongful convictions is an unknown figure, it has been said to be approximately one to five percent of convictions in America each year, where one percent averages out to about 6000 cases (Anderson, Anderson & Marquis, 2001).…

    • 2950 Words
    • 12 Pages
    Great Essays
  • Improved Essays

    R V Gonzales Case Study

    • 1517 Words
    • 7 Pages

    R v. Gonzales refers to a criminal case of a triple parricide by twenty year old Australian BOS: 28744455 Sef Gonzales which occurred on the 10th of July 2001. Sef’s motives for killing his father Teddy, Mother Mary Loiva and sister Clodine derived from his parent’s unattainable high expectations of him and his desire to financially benefit from their death. Having premeditated his crime, Sef entered Clodine’s room at 4pm armed with two kitchen knifes and a baseball bat and killed her. The cause of her death was the combined effect of the compression of her neck, the blunt force injuries and abdominal stab wounds. Sef’s mother arrived home an hour later and was ambushed in the living room by Sef, stabbing her multiple times, severing her windpipe.…

    • 1517 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Justice is widely known as being blind, but this can hinder justice’s ability to provide effective judgement. Eli Ashpence once said, “A blind justice is merely an impartial justice. True justice would have eyes in the back of her head and a pair of mismatched shoes.” (Ashpence 2015) Just like Eli, I believe that to serve true justice, the situation and past of the criminal should be taken into consideration, because often, situations are not as black and white as they seem.…

    • 1111 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    In the United States legal system, people see justice in terms of punishment. A criminal can receive countless years in prison or even be assigned the death penalty. In the article, “The Restoration of faith,” Amitava Kumar shows how forgiveness and understanding can be a better solution than punishment when it comes to criminals. Kumar uses solid evidence and reasoning in his article to show the benefits of Restorative justice. Therefore, Kumar achieved his goal in writing a convincing argument for restorative justice in his article “Restoration of faith.”…

    • 857 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Court of Appeal highlighted the main issue with using infanticide as a defence in Kai-Whitewind. A mother of three denied killing her youngest child, whom was allegedly conceived in the course of a rape, as a result of her suffering a postpartum psychiatric disorder . This resulted in her being convicted of murder as opposed to the less culpable offence of infanticide. Although it is within the interest of the law to take into consideration the evidence of the mother’s mental instability at the time the offence was committed, it is entirely impossible to do so when she denies responsibility for the murder. It is therefore impossible to found a charge of infanticide without her co-operation at the evidential stage, as demonstrated in…

    • 1445 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    The key topic that is under debate throughout this paper is jury nullification and how its procedures work within the justice system, as well as some of its strengths and weaknesses. There is quite a bit of controversy surrounding jury nullification being used as a primary rectification in the justice system as it tends to make equal outcomes become unequal outcomes. Jury nullification is a process in which a jury reaches a verdict of not guilty despite the fact that the defendant is actually guilty of the actions he or she is being charged for. The jury nullifies a law that is believed to be immorally wrong or wrongfully applied to the defendant.…

    • 2583 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    If an individual commits a lethal act, the punishment should be appropriate to the crime. For example, retribution requires a proportion between the gravity of the crime and the severity of the punishment (Barr 2010, 3). When a person faces death through the criminal justice system; justice is restored. If the citizens do not resign offenders to their destiny, then there is an apparent imbalance. Some believe Capital punishment is a retributive measure, a way of giving a person a taste of his own medicine while satisfying our deepest instincts for justice (Blecker 2013, 2).…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Wrongful convictions have been a topic of discussion for many decades within the United States Criminal Justice System. A wrongful conviction occurs when an individual is penalized in a court of law for a crime they never committed. Unfortunately, there are many components that can contribute to the unlawful arrest and conviction of an innocent person. Some of the variables can be as minuscule as an improper photo array line and as immense as government misconduct. Consequently, there are many flaws in the criminal procedure that leads to the conviction of an individual that increases the occurrence of wrongful convictions in America.…

    • 441 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Wrongful Convictions

    • 962 Words
    • 4 Pages

    Implications from wrongful convictions cause greater harm among the society in which the offense happened. Law enforcement and criminal justice agencies suffer burdens of errors with correcting errors that were caused toward the legal processes. Wrongful convictions according to Mark Handler are the most serious of all miscarriages of justice. (p. 30) Due to the fact that individuals should not be put through the complications of being incarcerated for crimes they did not commit.…

    • 962 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Those who are wrongfully convicted often sue the court to obtain justice through monetary means. The largest sum of money granted to an individual was to David Milgaard who received ten-million dollars, Ivan henry was given eight-million dollars for the 27 years he spent wrongfully imprisoned. Miscarriages of Justice are serious offences, since often they deprive individuals of their rights and also undermine the proceedings of the Justice system. The mistakes made in interpreting evidence, collecting or gathering evidence, and the information used in court is essential to making sure that individuals are not wrongly convicted. The government, does have efforts within the Canadian Justice System to try and guarantee that no one is wrongfully convicted but the individual members of the Justice system, such as the Police officers, Attorney’s, and witnesses should also have more systems in place to ensure the evidence and their actions are correct and not falsified or altered which can be a huge process but would be in the best interest of the Justice system.…

    • 1627 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Our current legal systems leads to wrongful conviction, which is a terrible injustice. The legal system does not come to the knowledge of many until a innocent person spends years in prison. There is a rising number of exonerations due to DNA. However, the growth of exonerations is causing more awareness about injustices in our legal system. In many minds there is rise of doubts now about the accuracy of the criminal justice system.…

    • 1006 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The key features of the argument on supporting the death penalty developed by Ernest Van Den Haag first focuses on matters of mal-distribution and determining if an individual really deserves it, second the miscarriages of justice, third if the death penalty is a better deterrence than other punishments, fourth the incidental issues that the death penalty promotes, and fifth justice, excess, and degradation. The first argument that Ernest Van Den Haag argues is on the matter of mal-distribution, and determining whether an individual really deserves capital punishment. He expresses his view that mal-distribution being compared between those individuals who are guilty or innocent is undeserved. The acts of capital punishment upon an individual who knowingly commits a crime and is considered guilty in that sense deserves the punishment. However, on the other hand he considers that when mal-distribution is then put upon an innocent life that did not commit the crime but is considered guilty is seen as than unjust.…

    • 1032 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The conflict and consensus models are two parallel models that work toward furthering the protection of society. The conflict model focuses on preserving the rights of the people while the consensus model focuses on public safety (Cronkhite, 2013). When considering how these two apply to viewing criminal justice as a system it is quite simple. The conflict model creates an urgency to protect the people from harm yet also to preserve individual rights that are guaranteed by the Constitution. If the conflict model is to be applied to criminal justice, then it is important to recognize that laws and policy can be implemented by the criminal justice system to combat crime, while also ensuring that the people do not lose their rights.…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the past twenty years DNA evidence has come to light that has proven one hundred and fifty three people innocent of the crimes that they were put on death row for committing (Source D). This means that one hundred and fifty three people were almost murdered for crimes that they did not commit. The error that occurs in deciding whether or not a person should be put on death row or not is described in Source D as, “criminal-justice systems are flawed because they rely on human beings who can err through honest mistakes, greed, fraud, and other frailties of the flesh.” Human beings are not perfect and make many mistakes, yet they are trusted to make claims and decisions that are quite literally life or death. Source E pokes fun at this margin of error by presenting a cartoon, stating that less than a quarter of all death penalty cases have no error in them.…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Pain and punishment are two words that interweave with each other in accordance with criminal justice. However, the way an individual is able to interpret these words can develop very different, and influential forms of thinking. Nevertheless, these developed forms of thinking allow individuals to form opinions on the subject, and aid in the formation our state. In this essay I am going to be explaining both Immanuel Kant, and Jeremy Bentham’s individual stances on punishment. This will include the theories of retributivism, and deterrence as leading factors to explain each theory.…

    • 1240 Words
    • 5 Pages
    Superior Essays