miscarriages of justice Essays -- essays research papers

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 tria ls (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 innocen... ...ct that in less serious crimes the defendant will plead guilty in order to receive a better deal. The theories of Anderson, Hogg,Walker and Wilson are justified opinions and could be advantageous to the criminal justice system. However, even if these theories are implemented into our society, corruption will still always occur. Unfortunately, it is just part of human nature. It is futile to establish new methods of judgement without considering the fact that corruption occurs throughout all levels of society. Juries, police, and lawyers can all be persuaded and succumb to corruption if it suits their needs to do so. Likewise, DNA samples can be tampered with or plagued by human error. It is a vicious circle and until human beings change, miscarriages will continue to occur. Miscarriages of justice are definitely not exceptional and occur much more frequently than most people realise. They place a great burden on our society as a whole and cause injustices and hardships to many people. Just because we do not hear about them, does not mean they don't exist. As Walker states "s ince justice is applied by fallible, prejudiced human beings, miscarriages are inevitable".