C2 Sample Seek Out 27 (Past Criminal Record)
If you lot are non taking an exam but demand to hash out whether a jury should have got information nearly a defendant's by criminal tape or not, hence read on in addition to banking concern annotation downwards what you lot deem useful. If you lot intend to purpose this essay every bit business office of an assignment, shout out back to paraphrase hence every bit non to plagiarize.
The theme is similar to what candidates would await inwards whatever other C2-level exam inwards that examiners desire to run across a well-organized, coherent in addition to cohesive news of the number amongst arguments in addition to examples written inwards around one-half an hour.
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Under British in addition to Australian laws a jury inwards a criminal instance has no access to information nearly the defendant’s by criminal record. This protects the soul who is beingness accused of the crime. Some lawyers have got suggested that this practise should move changed in addition to that a jury should move given all the by facts before they accomplish their determination nearly the case. Do you lot handgrip or disagree? Give reasons for your answer.
The thought of standing trial for a criminal offense committed brings diverse issues to the forefront that heighten controversy. One of these deals amongst the correct the jury has to sentiment the accused's by crimes in addition to pick out them into concern human relationship when trying a case. The disputation which naturally arises centers on the enquiry of whether this practise should move accepted or not.
Putting a defendant's criminal tape at the jury's disposal, on the ane hand, may attempt helpful. The jury volition move able to have got a to a greater extent than consummate moving-picture exhibit of the soul standing trial if they know whether they have got committed whatever wrong-doing previously or not, in addition to to what extent that wrong-doing is a serious offense. More importantly, repeat offenders volition have the sentencing they deserve instead of a nipper scolding. Indeed, in that place have got been many cases where a reduced judgement was passed because the jury could only guess a accused based on the facts presented at that trial lonely in addition to non on previous charges. Serial rapists, for instance, were non seen every bit people inwards demand of serious mental handling but every bit one-time offenders, something which is clearly unjust.
However, bringing by misdemeanors to lite could have got the exact contrary effect. Instead of drawing a fuller in addition to clearer moving-picture exhibit of the defendant, cognition of the latter's by criminal tape could bias the guess in addition to jury against him or her irremediably. Especially when the 'crime' has aught to produce amongst the instance at hand, jury members are easily swayed to formulate a wholly erroneous epitome of the defendant. For example, if someone is accused of revenue enhancement evasion, in addition to his by criminal tape shows that at the historic menses of eighteen he was caught shop-lifting, this right away predisposes the courtroom to believe -- without total knowledge of the facts -- that he has stolen again, this fourth dimension from the government. In fact, the reasons behind the offset theft larn unanalyzed or the fact that the soul may have got changed since hence is exclusively omitted.
In sum, it is hard to predict when cognition of a criminal's by tape is helpful in addition to when harmful. In my view, misdemeanor cases should non demand the disclosure of by crimes. However, the best solution to this number would move to allow a guess sentiment a defendant's criminal tape in addition to have got them decide whether or non to allow attorneys to introduce by facts inwards court.
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