Criminal justice Essay Example | Topics and Well Written Essays - 750 words

Criminal justice - Essay Example Aunt Sara complied. Upon her arrival, Officer Jack asked if she would mind if they asked John Doe a few questions. Aunt Sara consented. John Doe made incriminating statements that lead the police to file charges. Doe’s attorney made a motion to suppress the statements Doe made during the conversation on the grounds that Doe had not been read his Miranda rights and officers did not have permission from his parents to conduct the interrogation. The role of the criminal courts is to settle disputes and administer justice. The court consists of a judge, a prosecutor and the defence attorney. In some instances a magistrate will fulfil the role of the judge. In all cases both the judge and the magistrate will be knowledgeable in the law and it is their role to ensure that the proceedings are administered objectively and to then give a decision on the disposal of the case. The guilt or innocence of the accused is decided through the adversarial system. Within this system both the accused and the victim of the crime are allowed to give their version of the events and can argue their case before the court. The courts have to decide on the arguments presented to them whose argument is more compelling and more likely to be true. Within the adversarial system the charges against the accused are brought by the prosecutor whose duty it is to explain to the courts the facts of the case against the accused. In order to prove the guilt of the accused the prosecutor has to produce to the court the evidence against the accused. The defence attorney consults with the accused and prepares a defence to the charges brought by the prosecutor. A defence attorney has a duty to rebut the charges against their client where the accused is pleading not guilty. In cases where the accused enters a guilty plea the defence lawyer is under a duty to put forward to the judge an argument supporting an application for leniency being applied in the handing down