(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

Criminal justice


An Interpreter must be provided if the accused cannot understand the language used in the courtroom and also to have somebody explain to them the full details of the charges in a language that he understands. In order for a trial to be staged "fair", the accused must be provided with adequate time and facilities in order for him to prepare his defence. This must be coupled with his right to communicate with his counsel. In the case of Dietrich v R (1992) the High court found that where a defendant charged with a serious offense is denied a delay in the trial on the grounds of a lack of legal representation, his subsequent conviction must be overturned in an Appellate court because it is deemed that the trial has no been a "fair" one. This finding is based on the fact that the majority of the defendants that enter the courtroom wouldn't have the knowledge of court processes or the skills required to defend themselves effectively. In our adversarial criminal justice system a defendant who is represented in a trial is said to be an equal opponent of the prosecution. The quality of this representation obviously depends on the resources available to the defendant. Of course a wealthy person has an obvious advantage in obtaining a very resourceful and strong defence over the poor man who struggles to afford the basic court costs. This means that there is a substantially better chance of acquittal for the wealthier defendant. This doesn't appear to be fair however the two men "shall be equal before the courts and tribunals" no matter how expensive their lawyer and therefore be tried "fairly". Legal Representation for the defendant is deemed as essential for a "fair" trial but if the defendant has substantial funds to finance a defence, then it is his responsibility to do so. An extremely expensive and skilled defence lawyer is considered a luxury of the wealthy in the Criminal Justice System.


Essays Related to Criminal justice


Got a writing question? Ask our professional writer!
Submit My Question