Introduction into Criminal Justice

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Criminal justice system

Criminal justice system is the group of processes formulated by the government to control the crime by imposing penalties and punishments for the people who contravene the criminal law. There is a set hierarchy which includes city, country, state, central, and even military courts (Banks, 2018). This justice system has a defined framework according to which it works. Every criminal case is started from the trial followed by production of facts and evidence which ends by finding the right conclusion provided through the judgement. There are numerous subsystems within this which are necessary to understand in order to use the criminal justice system appropriately.

Explain adversarial system along with its advantages and disadvantages

Adversarial system of justice works as the common law in UK which follows the doctrine of judicial precedent. This principle states that judgements which have been given by the higher courts are binding on the lower courts. This system suggests that there should be a time gap between the investigation being conducted by the authorities and obtaining the final results of the case. It is useful in giving an opportunity to the parties involved to manage the case according to their own judgement by which best outcomes can be gathered (Jackson, 2019).

Advantages and disadvantages of adversarial system

Advantages-

• It is fair- This system is fair as compared to other legal systems because it provide a chance to resolve the dispute in a friendly manner through pre-trial and discovery settlements.
• Right of defendant and prosecution- The case of accused is represented by the lawyer handle the case until something is proven. From the perspective of prosecution, they have the right to produce their facts which can be interpreted in an intelligible manner (Zhang and Li, 2019).
• It allows both sides to support their positions- This system gives opportunity to the parties to produce witnesses and evidence for supporting the case so that allegations can be proved. This is to give clarity for the judges to decide the case by giving an appropriate judgement.
• Lack of biasses- The judges try their best to remain impartial towards the parties by using the right criteria and framework which can remove the biases from the case.
• Both the parties are heard- The judge is under a duty to listen to both the parties before delivering a decision. This helps the jury to reduce the element of impartiality in the case.

Disadvantages-

• It obliges each party to contest with each other- Adversarial legal system allows the parties to contest with each other which may raise number of questions throughout the process.
• It might lead to injustice- There can be number of situations in which the lawyer may not get a good lawyer who is skilled enough to represent the facts for providing the accusation (Feeley, 2017).
• Arguments can be given more value as compared to evidence- The production of the evidence rests upon the lawyers who work for each side, with the better one having better chances to win the case.
• It has issues with accessibility- There can be discrimination when it comes to the accessibility of legal representation. This can be due to economic and social conditions of an individual.

Inquisitorial system

The inquisitorial system is linked with civil law in which an inquiry about the case is conducted so as to provide the findings to the judge. Also, there is this right of the judge for investigations or produce a specific witness. It comprise of a term which is called “juge d'instruction' which is actually a French word used in criminal justice system of France. This system has sole motive which is to determine the truth for proving the case. This system gives the authority to the judge to conduct the investigation as investigating magistrate for finding the truth behind the question involved in the case (Thomas, 2016). Furthermore, the judge usually have details of all the actions and findings ascertained in the investigation. Also, the lawyer can put hi or her point in before the judge about a specific evidence but the final decision is done by the judge. Additionally, if the judge is of the opinion that a case is against a particular suspect, the matter will proceed to trial which will take an adversarial format.

The presumption of innocence

Presumption of innocence is a provision in UK law which provides that “everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.” This is the basic human right which is also fundamental for every individual who is being produced for criminal proceedings. The judgement of the jury for this purpose states that if a person is accused with criminal offences, then it can affect the person's career and employment. In other words, this principle provides that the judicial system is fair enough to guarantee of an individual's innocence until they are proved guilty beyond reasonable doubt in a court of law (David, 2017).

Burden of proof

This means that an individual is under a legal duty to produce documents or other evidence which are sufficient to prove the argument. In criminal cases, the burden of proof lies on the prosecution who has to prove the allegations after a reasonable doubt. In the case of The Solicitors Regulation Authority v. Solicitors Disciplinary Tribunal, proved that two separate bodies having common legal objectives may be working on contrasting burdens of proof. Furthermore, the judgement also reflect that contrasting burden of proof requirements between two very similar bodies is unworkable. There can be a reasonable doubt beyond which the defendant must try to prove the case (Dovey"Pearce and et. al., 2019). Any judgement is to be given when the judge is absolutely sure about the guilt of the claimant. Furthermore, there is no obligation of the defendant to mount a defence. Also, the defendant may be in the possession of evidential burden which may include self defence etc.

Standard of proof

Standard of proof refers to the point where certainty is achieved, along with the amount of evidence that must be presented to validate the existence of a fact. In other words, several facts may require support to justify their relevance in the case. This also takes into consideration the concept of 'beyond a reasonable doubt.' According to the principle of standard of proof, allegations must be proven on solid grounds and for no other reasons. Seeking assignment help can further clarify the nuances of this principle. This approach makes the entire case more straightforward and cost-effective, as only specific grounds are used to prove the case (Lundrigan, Dhami, and Mueller-Johnson, 2016). It applies in both civil and criminal cases in England and Wales. If the allegations are minor, no such standard of proof is required, but if serious, the application of the standard of proof becomes crucial. Additionally, it is also applied in quasi-criminal cases. Simply put, this is about judges being confident in the conviction they are about to make, ensuring no mistakes occur in their careful analysis of the case.

CONCLUSION

From the above report, it has been concluded that the legal system is divided into civil and criminal law, each with its own courts and tribunals for resolving cases and delivering appropriate judgments. Furthermore, there are different concepts and principles followed throughout the court procedure. An essay typer can assist in understanding these principles more effectively. It is also essential for people to know the difference between the burden of proof and the standard of proof, as they are distinct concepts. This knowledge can benefit an innocent person who has been alleged with serious accusations.

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