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Posted: December 31st, 2022

Assignment 2: Courts, Prosecution, and the Defense

Courts, Prosecution, and the Defense
Assignment 2: Courts, Prosecution, and the Defense
Due Week 7 and worth 120 points

The courts have one of the most important roles in the criminal justice system. They are responsible for the interpretation and application of law when crimes are committed, They exert some of their greatest influence when it involves due process under the law. The due process model argues that the greatest concern of the justice system should be providing fair and equitable treatment to those accused of crime. This perspective is demonstrated through the courts’ involvement with the police in controlling search and seizure and interrogation, protecting the rights of the accused, in cases like Miranda v. Arizona and Weeks v. United States. Have concerns over due process and protecting the “allegedly” innocent led to the guilty also being spared, as the crime control model would argue?

Criminologist Herbert Packer’s assembly line concept finds that although there are many people who commit crime and are arrested and charged, only about 21 adults are incarcerated for every 1000 serious crimes committed. Additionally, 80 percent of all felony cases and over 90 percent of misdemeanors are settled without trial.

On the other hand, over time, the Supreme Court has been diminishing the scope of the exclusionary rule. This normally excludes improperly obtained evidence by permitting more exceptions, thus allowing more “improperly obtained evidence” into court. For example, evidence is now admissible in court if the police officers acted in good faith by first obtaining court approval for their search, even if the warrant they received was deficient or faulty. This has come to be known as the good faith exception.

Based on your understanding from the readings in chapters 6-8, and keeping in mind the due process and crime control models, write a 2- to 3-page paper in which you discuss:

Have criminals been given too many rights by the courts?
Should courts be more concerned with the rights of victims or the rights of the offenders?
Should illegally seized evidence be excluded from trial, even though it is conclusive proof of a person’s criminal acts?
Use your textbook and at least two (2) quality resources in this assignment. Note: Wikipedia and similar websites do not qualify as quality resources.

The specific course learning outcomes associated with this assignment are:

Explain the development of American courts and illustrate the concept of the dual-court system.
Distinguish between the various courtroom participants and describe the stages in a criminal

Courts, Prosecution, and the Defense
Courts and the entire criminal justice system have adopted liberalized reforms in law, policies and approaches of handling offenders. The reforms in criminal justice have been adopted with time from history through the adoption of reforms and amendments in the interest of justice. The reforms adopted have increased the rights enjoyed by different parties within the criminal justice system such as the offenders. Equally important, courts are tasked within the interpretation of the law and its application to make a just and equal decision in various legal matters. In enhancing justice, equality and fairness among all parties involved in criminal justice the courts oversee the operation of other levels and departments in the criminal justice system such as the police in regulating the searches and seizures and ensuring laws and human rights are observed at all times. The courts have the interest of every party in the criminal justice by enhancing and advancing their rights, control of seizures thus raising the question of whether the courts are protecting the offenders they should be punishing.
Have criminals been given too many rights by the courts?
The courts have increasingly increased the rights of criminal suspects in the interest of attaining the highest levels of justice and equality. Different amendments such as the five and eighth amendments have granted criminal suspects rights in the course of their trial and interaction with the criminal justice system (Zappala, 2010). The 5th amendments ensure that the criminal suspect does not suffer the consequences of disregard of the due process of the law. In this case, the criminal has the right to remain silent and not answer any questions. Furthermore, the 6th amendment has a series of rights to the suspect that includes right to trial by jury, right to a trial in time, right to be informed on nature and accusation, right to confront witnesses, and right to be represented by a legal counsel. Additionally, the eighth amendment has an array of rights to protect the accused such as the right to remain silent, right to be given an attorney. These rights are many but they are in the interest of justice. The rights ensure that the due process is followed and if the accused are found guilty then they are guilty.
Should courts be more concerned with the rights of victims or the rights of the offenders?
The courts need to be concerned with the rights of both the offenders and the victims in the course of the criminal justice process (Klip, 2015). The courts exist to ensure that justice, equality and fairness in served in any legal and judicial matter and such aspects can be achieved by protecting and enhancing the rights of the accused and the victim. Additionally, the rights of the accused and the victim need to be upheld to ensure that the due legal process is followed thus ascertaining justice for both the affected parties. Therefore, adhering the rights of the offenders and the victims makes it achieve the goals and principles of justice.
Should illegally seized evidence be excluded from trial, even though it is conclusive proof of a person’s criminal acts?
Illegally seized evidence need not be admissible in a court of law. The laws provide the procedure and the process of conducting seizures and searches and it should be followed to ensure that evidence collected is legit and factual (Wegman, 2005). Concomitantly, the courts need to ensure that evidence is legally acquired to protect the accused from the law enforcers that may have bad intentions on them. It is important to note that evidence can be planted at the expense of the victim thus they end up being wrongly sentenced. Additionally, the legal process of acquiring evidence streamlines the criminal justice system making it effective and efficient to make informed legal decisions.
In conclusion, reports have increasingly been adopted in the criminal justice system and they are view to be covering and protecting the accused. On the contrary, the reformed are aimed at ensuring that justice is achieved certainty. The rights of the accused are many but they are directed toward enhancing the due process of the law being observed. Consequently, the rights of the victims and the offenders ensure that the path of justice, equality and fairness is observed to all the parties involved. Therefore, the rights of the offender and the victim ensure the principle of the criminal justice system is achieved in the interest of justice. Therefore, the due process of the law is followed and at the end each party get justice. Finally, all the evidence to be admissible in the court of law needs to be legally acquired to ensure that no party to a legal case is disadvantaged in the course of achieving justice. Legally accepted evidence cannot be disputed by any party thus enhancing satisfaction on the judgments made considering such evidence.

Klip, A. (2015). On victim’s rights and its impact on the rights of the accused. European Journal of Crime, Criminal Law and Criminal Justice, 23(3), 177-189.
Wegman, J. (2005). Computer forensics: admissibility of evidence in criminal cases. Journal of Legal, Ethical and Regulatory Issues, 8(1/2), 1.
Zappalà, S. (2010). The Rights of Victims v. the Rights of the Accused. Journal of International Criminal Justice, 8(1), 137-164.

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