LanNhi
Nov 29, 2018
Writing Feedback / IELTS Writing: Should the jury get access to the defendant's past criminal record? [2]
Making a verdict is truly a tough thing to fufill, especially for the jury. In the practical case, for instance, in Britain and Australia, the judge panel does not have the right to get approach to the defendants' past criminal record. However, this action does not get the approval from some lawyers. From my perspective, this issue is still controversial.
The reasons behind hiding the defendants' past criminal record can be seen as reasonable according to two factors. First and foremost, the practice of acknowledging the act of crime of defendant could affect the arbitrator's concept. For some reasons, it could lead the jury to a prejudice that this person used to be a criminal and they get back to the drawing board is undeniably acceptable since it could be because of their natural trait. With that misconception, to make the matter worse, the sentence given to the defendant could be severe without a proper and further investigation. Secondly, that past criminal record could make the defense less convincing and persuasive. That record has imposed an ugly impression on the defendant so that not only the jury but also the attendants would question about all the excuses and definitely give less trust on the defendant.
On the other hand, the change in this pratice should be applicable thanks to these following aspects. Initially, getting access to the defendants' past criminal record could help the jury have a broaden view on that defendant to consider whether that person has a good characteristic or not based on the severity of their crime. With respect to the fairness, the defendant would not encounter with unjustified jugdement just because of some minor mistakes in the past. More importantly, with the help of past fatcs, it could open more directions in solving the case which is vital in case of they get stuck in the investigation.
In conclusion, regarding all the arguments above, it is advisable that the jury should have the access to the past criminal of defendant in terms of having a fair or neutral settlement in the future without wrongful conviction
fair, unbiased judgement
Making a verdict is truly a tough thing to fufill, especially for the jury. In the practical case, for instance, in Britain and Australia, the judge panel does not have the right to get approach to the defendants' past criminal record. However, this action does not get the approval from some lawyers. From my perspective, this issue is still controversial.
The reasons behind hiding the defendants' past criminal record can be seen as reasonable according to two factors. First and foremost, the practice of acknowledging the act of crime of defendant could affect the arbitrator's concept. For some reasons, it could lead the jury to a prejudice that this person used to be a criminal and they get back to the drawing board is undeniably acceptable since it could be because of their natural trait. With that misconception, to make the matter worse, the sentence given to the defendant could be severe without a proper and further investigation. Secondly, that past criminal record could make the defense less convincing and persuasive. That record has imposed an ugly impression on the defendant so that not only the jury but also the attendants would question about all the excuses and definitely give less trust on the defendant.
On the other hand, the change in this pratice should be applicable thanks to these following aspects. Initially, getting access to the defendants' past criminal record could help the jury have a broaden view on that defendant to consider whether that person has a good characteristic or not based on the severity of their crime. With respect to the fairness, the defendant would not encounter with unjustified jugdement just because of some minor mistakes in the past. More importantly, with the help of past fatcs, it could open more directions in solving the case which is vital in case of they get stuck in the investigation.
In conclusion, regarding all the arguments above, it is advisable that the jury should have the access to the past criminal of defendant in terms of having a fair or neutral settlement in the future without wrongful conviction
