Essay on Legal Studies- Courts Role in the Criminal Justice System

1345 Words Feb 28th, 2013 6 Pages
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
…show more content…
As well as this it increases the enforceability of the law for the offender as they will be sentenced accordingly. However this may not achieve just outcomes for the society or the victim as they defendant is not punished as harshly as they would like. In turn this can reduce the consistency of the law as the punishment will not be the same for each person for the same crime because of the defence that they have.
Therefore it can be seen that the complete and partial defences to a case can be extremely effective for the offender as they receive a fair sentence for the crime committed according to their circumstances. However this can be extremely ineffective for the victim and the remainder of society as they perpetrator does not receive the expected sentence or because they abuse the system.
Overall this demonstrates that complete and partial defences within a case are moderately effective in achieving the rights of individuals as well as society and achieving just outcomes for them.

Evaluate the effectiveness of the jury system in the criminal trial:

Juries are extremely effective in achieving justice and protecting the rights of the individual and society. This is because they attempt to balance the rights of the individual with the morals of society as they are part of the society.
Juries increase the ability for just outcomes of the individual as they are impartial and hear the evidence on which

Related Documents