Most Important Ideas to Learn in Criminal Justice
Criminal justice refers to the system that aims to balance the goals of crime control and prevention and also to protect individual rights. One of its main concerns is bringing offenses to justice while ensuring that individuals and the community are offered adequate protection. There are a few key principles and ideas that make up the basis of criminal justice.
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Presumption of Innocence
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One of the most important principles that forms the backbone of the criminal justice system, "presumption of innocence," states that a person who has been charged with an offense is considered innocent until proven guilty. Until he is declared guilty beyond a reasonable doubt by a magistrate, judge or jury in a public trial at which he is properly defended, his offense is only alleged.
Burden of Proof
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Another key principle in the criminal justice system is that the duty of establishing guilt mainly belongs to the prosecution; that is, it is not up to the accused to prove his innocence. "Burden of proof" states that unless the prosecution can prove the defendant's guilt beyond a reasonable doubt, the contrary will be assumed by the court. There are, however, a few exceptions to this rule, such as the insanity plea. The roles in such a case are reversed, as it is now up to the defense to prove that the excuse for the offense is reasonable; therefore, an acquittal will depend on the perception of sanity, not on reasonable doubt of the person's guilt.
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Miranda Rights
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Frequently depicted in movies and television shows, the "Miranda Rights" are a set of warnings given to a suspect in police custody. These are designed to protect a person's constitutional right to refuse to answer self-incriminating questions, as stipulated in the Fifth Amendment. The main exception is when a suspect or witness is asked for his name and address, in which case it is considered an offense if he refuses to answer or gives false information. The Miranda warning states that a person in custody may exercise his right to silence when interrogated; must know that any statement made can be used in court; can choose a right to have council present; and can receive a lawyer free of charge if needed.
Double Jeopardy
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"Double jeopardy" is a long-standing legal concept in Western civilization and states that a person cannot be punished, put on trial or allowed to face the risk of being convicted twice for the same offense. This principle stands whether the initial court ruling is an acquittal or a conviction. A re-trial, however, is necessary in certain cases, such as an appeals court overturning a conviction, a hung jury or a mistrial. A re-trial is also possible upon the uncovering of reliable and substantial new evidence, or when a previous acquittal is shown to be tainted. Finally, if perjury, witness or juror intimidation, bribery, fabrication, concealment of evidence or any other act leading to an unjust court ruling is proven, double jeopardy no longer applies.
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