Criminal Justice

Criminal Justice

2006

In theory , the court process is a mechanism used to filter out the truth in any legal controversy . Consequently , this truth will be used to render a decision that will achieve justice - that is , giving every person his or her due . In reality , however , a legal battle in court is often adversarial where each side defends its case to the fullest extent while demolishing that of the other party (Module 3 , Page 5 . That is why the opposing interests of each side are ultimately evaluated and adjudged by

an impartial third party - a judge or a jury as the case may be . The merits of each case will have to be sifted through and analyzed by the court in to exclude any and all irrelevant matters while focusing only on the genuine legal issues . With this under consideration , we will see that a court process is a cooperative endeavor whether the parties like it or not . Each party involved contributes to the ascertainment of the truth of the matter and the determination of the proper course of action

Like any other case , a criminal case is a presentation of different public and private interests (Module 3 , Page 6 . First of all , the State has the interest of preventing and punishing criminal behavior and hopefully rehabilitating the criminal (Module 3 , Page 11 . Secondly , the injured party has the interest of being indemnified or compensated for the damage done to him or her (Module 3 , Page 12 . Finally , the accused has the interest of preserving his or her life , liberty and property and protecting them from judicial confiscation (Module 3 , Page 4 . All these interests are addressed based on one single factor : the truth . The court 's duty is to make the truth known so that these interests may be satisfied in accordance with law . Those who suffered must be compensated and those who are not guilty must be set free . These goals and ideals will never be met unless the truth will be obtained . That is why the court must be vigilant in understanding any legal problem presented before it without being distracted by any courtroom drama each side might attempt to execute

For each side of a case , there has to be a fierce defense so that nothing will be left out in the ultimate analysis by the court . The accused must be represented by his counsel in to provide him with all legal defenses available . The defense must ensure that any circumstance which serves to mitigate or cast doubt on the guilt of the accused will be presented in court for its appreciation (Module 3 , Page 4 . The defense must ensure that the accused is offered the fullest opportunity to defend himself in court and that both his procedural and substantive rights are being protected completely . Thus , the defense may not only question the commission of the crime but also the evidence presented and the manner by which such evidence was acquired . Witnesses must...