This website uses cookies to ensure you have the best experience. Learn more

Miscarriages Of Justice Essay

1957 words - 8 pages


The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.

A miscarriage of justice is basically "a failure to attain the desired end result of justice". In our society, every person should be treated equally and fairly as "our legal institutions are premised on the idea that our legal system is both neutral and impartial, and that all persons are equal in the eyes of the law". The country in which we were born, the language we speak, the colour of our skin and our gender should be of no relevance in deciding the outcome of justice. All these notions are part of "due process" and if this occurs in our society, why are there still miscarriages of justice? Our legal system is based on the fact that everyone deserves a fair hearing. In theory this is ideal, but due to human nature mistakes will always occur. The introduction of DNA into the courtroom ( which can free innocent people wrongfully convicted of a crime twenty years ago) and Anderson's view on allowing juries to ask questions and participate more in trials (by stating the evidence on which they base their convictions), on the surface appear beneficial to the outcome of justice, and in some cases this will be the result. However, justice will always be hindered by humans and their corrupt side. Unfortunately, this is part of human nature and even the people in high positions are not immune.

When a person is accused of being "guilty", society must assume the person is innocent until proven guilty. Anderson highlights the fact that the system is not designed in this way "If guilty people do not deserve justice, why should we expect an entire system that runs on this assumption to deliver justice to anyone at all". If we assume everyone who is accused of being guilty is in fact guilty, then a miscarriage of justice has already occurred. Society has not accorded the accused "due process" and has already determined their opinion without all the facts and evidence. Therefore, they would not have been given a fair trial. Anderson further states...

Find Another Essay On miscarriages of justice

Abortion: The Case of Rove v. Wade

1180 words - 5 pages the way out (Lott and Whitley 323). Not only are women to blame for being irresponsible, but men are equally responsible. Mary Ziegler, in the Berkeley Journal of Gender, Law and Justice, says that a Feminists for Life group was founded in the 1970’s, and they argued that, through abortion, men were able to take advantage of women sexually and suffer no consequences for their actions. Abortion is a degradation of women and keeps the state from

Conditions for a Lawful Arrest Essay

1248 words - 5 pages miscarriages of justice, unlawful arrests and so on. There are remedies however, for those who abuse the system. In this essay I will critically consider the conditions for a lawful arrest. There is however, no concrete definition of arrest. It was deprived in Christie v Leachinsky (1947) that an arrest is ‘the beginning of imprisonment’, thereby suspects to a degree are physically restrained as they cannot be free to go wherever they like. So

The Function of Punishment

2114 words - 8 pages when innocent men would have to be punished for the sake of the greater good - for example, in that case where an atrocious crime has been committed and the authorities failed to find the perpetrator (This scenario is by no means hypothetical - the "Birmingham Six" is just one example). One may only speculate as to how many miscarriages of justice there have been for the sake of maintaining "apparent justice". Thus, there

Level of Punishment Does Not Fit the Crime

1230 words - 5 pages significantly help to address these miscarriages of justice. Although the public want to see criminals punished, the justice system today has been criticised for applying punishments which can seem excessive and sometimes ridiculous. For example, a pub landlord was jailed for six months and fined £10,000 for allowing people to smoke in his 2 pubs when the smoking ban came in to force in 2008. With the cost of a place in the UK prison totalling to

The cases of Guy Paul Morin and David Milgaard

1467 words - 6 pages and allowed them a second chance to show their innocence.In conclusion, both men protested their innocence repeatedly but were ignored. The only people that stood by them to make sure that justice was done were their families. In particular David Milgaard's mother who did not rest for the 23 years her son was in jail until his named was cleared of all guilt. It has been confirmed that technology and the miscarriages of the justice system were

The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System

4139 words - 17 pages extend the police’s opportunities to obtain and use confessions and other physical and psychological pressures against suspects – will be to normalize miscarriages of justice.’[16] A formal system of plea bargaining will also have an impact on citizens’ rights and privileges as it contravenes the European Convention on Human Rights. Firstly, it penalises those who exercise their right to trial (Article 6) and secondly

The Crucible Essay

698 words - 3 pages The Crucible is based around a small, religious town in Salem, Massachusetts. The Crucible was written by Arthur Miller around the theme of the Red Scare. Like the Red Scare, people were falsely accused of committing crimes against the people, however, unlike the Salem Witch Trials, the Red Scare was secular and focused around the Russian dictatorship. During The Crucible justice, integrity, and mass hysteria are all key themes. Justice in

Capital Punishment: Pros and Cons

1655 words - 7 pages . 2014. Bardsley, Marilyn. "Jeffrey Dahmer." The Insanity Defense — — Crime Library. N.p., n.d. Web. 26 Mar. 2014. Bedau, Hugo A., and Michael L. Radelet. Miscarriages of Justice in Potentially Capital Cases. Publication. 21st ed. Vol. 40. N.p.: Stanford Law Review, n.d. Miscarriages of Justice in Potentially Capital Cases. Stanford Law Review. Web. 27 Mar. 2014. Bell, Rachael, and Marilyn Bardsley. "John Wayne Gacy Jr." Rumors — — Crime Library

The Criminal Justice System

901 words - 4 pages The Criminal Justice System The Criminal Justice System is one of the most important tools available to society for the control of anti-social behavior. The criminal justice system needs to prove a balance between punishing the guilty and protecting the innocent being found guilty; however it is not as easy to convict those who are guilty of committing crimes. There have been many miscarriages to justice where innocent

Women Rights India: Legal Perspective - Oxford - Essay

2179 words - 9 pages it was made. And hence demand for repealing such laws is observed by the collective conscience of the society. Criminal law reform: an overview It is important to acknowledge that the criminal justice system is just that – a system, involving many parts and many actors; like a machine of many cogs turned by various forces.1The reform in this criminal justice system is basically criminal justice reform. A machine after a particular time frame

Capital Punishment

1197 words - 5 pages human activities, such as trucking, power line operators, and construction cost the lives of some innocent bystanders. He also says that for those who think the death penalty just, miscarriages of justice are offset by the moral benefits and the usefulness of doing justice. It has been proven over time that it costs the taxpayers much more money to prosecute an individual under the death penalty. The appeals process for a death row inmate

Similar Essays

Miscarriages Of Justice: The Faults In The Canadian Criminal Justice System

1258 words - 6 pages really have something to complain about, as most people would agree that the Canadian system is better than the American system, and especially those systems in undeveloped countries, where there really is no justice system? In cases where miscarriages of justice occur, who is really responsible for the injustices: the incapable defense lawyers, the too persistent prosecutors, the judges who decide no injustice has occurred, or society who allows such to happen?

Capital Punishment Essay: It's Fair And Effective

992 words - 4 pages capital crimes (1). Among the innocents they list Sacco and Vanzetti as well as Ethel and Julius Rosenberg. Although their data may be questionable, I do not doubt that, over a long enough period, miscarriages of justice will occur even in capital cases. Despite precautions, nearly all human activities, such as trucking, lighting, or construction, cost the lives of some innocent bystanders. We do not give up these activities, because the

Curtis Mc Ghee Case Exoneration Essay

1634 words - 7 pages man behind bars, and he was serving time for a crime that he never took in part of committing. This case of Curtis McGhee raises a question on our criminal justice system and it leads us to confirm that miscarriages of justice do occur, and there should be various reforms that should be made so these miscarriages can be prevented from occurring in the future. How did the miscarriage of justice occur? Curtis McGhee was charged for the murder of

Capital Punishment Essay

1506 words - 6 pages in oil, or burning at the stake" (Death Penalty 342). It is clear that the majority of U.S. Supreme Court, the highest court in the United States, agrees that the death penalty is not a "cruel and unusual punishment." Therefore, the death penalty is perfectly legal in the eyes of the Constitution.Secondly, capital punishment does not lead to miscarriages of justice. There is no proof that definitely shows that innocent people are being killed by