miscarriages of justice Essays -- essays research papers

The statement "It is wear that 10 guilt-ridden soulfulnesss escape than that one candid suffer" summarises and highlights the mistakes and in referees in the whitlow rightness system. In a just society, the innocent would neer be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to progress to due to the society in which we live. Therefore, miscarriages of justice snuff it in the criminal justice system to a greater extent frequently than is publicised or know to the public at large. They atomic number 18 routine and would have to be considered as a serious problem in our society. The law is what most tidy sum respect and abide by, if society cannot trust the law that governs them, then at that place give be serious consequences including the possible breakdown of that society. In rank to have a reliable and just society, miscarriages of justice must not only become exceptional but ide all(prenominal)y cease to occur altogether.A miscarriage of justice is basically "a failure to compass the desired end result of justice". In our society, every individual 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 individuals 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 valetkind 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 Andersons deal on allo wing 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 gentlemans and their corrupt side. Unfortunately, this is part of human nature and all the same 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 warrant opinions and could be advantageous to the criminal justice system. However, even if these theories are utilize 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 through out all levels of society. Juries, police, and lawyers can all be persuaded and succumb to corruption if it suits their inescapably 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 load on our society as a whole and cause injustices and hardships to many a(prenominal) people. Just because we do not hear about them, does not sloshed they dont exist. As Walker states "since justice is applied by fallible, prejudiced human beings, miscarriages are inevitable".