The Effectiveness of the Criminal Trial Process as a Means of Achieving Justice
The criminal trial process, to a large
extent, provides justice for victims, suspects and society as it is usually the
default means to achieve justice; however sometimes the process is not
completely effective and other means are sought to achieve justice, including
non-legal methods. Generally, however, the criminal trial process is a very
effective measure of achieving justice. Certain safeguards are put in place to
create a fair and just trial such as the burden of proof being placed on the
prosecution (state) to prove criminal culpability of the defendant and standard
of proof being beyond reasonable doubt. Such safeguards allow a just and fair
decision to be made meaning that a majority of all decisions will achieve
justice for victims, offenders and society. The criminal trial process also
requires all 12 jurors to judge whether the prosecution has met the standard of
proof, meaning that generally, the conviction will be a reflection of the
broader community, making the criminal trial process, to a large extent, an
effective measure to achieve justice.
The criminal trial process aims to achieve
justice for suspects, victims and society, through a system that balances the
rights of all three. This can been seen in the case of R v Loveridge [2013]
NSWSC 1638, where not only was justice achieved for society through the
introduction of protections under the
Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW,
following the criminal trial process but also for Loveridge himself. In an
article by the Sydney Morning Herald, published in 2013 dubbed “Emotions high
on paroles and pleas but system works”, details of the charge reduction is seen
with the article stating that “In the light of further investigation, the
prosecutors did not think the requisite degree of reckless indifference or
intention could be established at trial”. The article further states that “it
seems Loveridge was over-charged by the police and this led to a high level of
expectation”. This reduction in charges means that Loveridge will not be tried
for crime he did not commit, allowing Loveridge and society (with members of
society, generally, not wanting people convicted of crimes that they did not
commit) to a large extent, effectively achieve justice through the process.
Sometimes victims are unable to completely
achieve justice through the criminal trial process, with certain victims using
other means. The unreported case of Nanette May, is a notable case, where May
used the media to help her achieve justice due to the shortcomings of the
criminal trial process. In a Sydney Morning Herald article published in 2009
titled “Forced to take on system” the details of Nanette May’s, generally,
ineffective attempt to achieve justice in the criminal trial process, is noted
“May was failed badly by safeguards put in place to ensure victims are kept
informed about bargaining to reduce charges in return for guilty pleas”. The
article also details the comments made by Roby Cotterell-Jones, “the executive
director of the victims’ support unit of VOCAL, a service for victims of
violent crime”, with her stating that “So many people say the system is almost
worse than the crime”. This comment suggests that in some circumstances, the
criminal trial process is not the most effective way to achieve justice. The
article, however also states that “many victims and their advocates, say they
would rather go to trial if there was strong enough evidence to secure a
conviction; to ensure their horrific experiences – and their courage coming
forwards – was not in vain”, highlighting to a large extent, the effectiveness
that is perceived by the general community of the criminal trial process as a
means of achieving justice. The 2010 guideline reforms that follow her case
also show that although she may not have been able to directly gain the
benefits of justice, those preceding her in similar circumstances are more able
to effectively achieve justice through the criminal trial process.
If you have a burning question, or would like to featured in some way in the "Ask them from me" segment, email me at: cc3493@gmail.com. If you do not want to be featured in the "Ask them from me" featured post, please let me know in the email :)
Visit Particular Interest for more content like this!
Comments
Post a Comment