Comparing Criminal Justice Systems
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Week 2 Project
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Comparing Criminal Justice Systems
The cases of Amanda Knox and Michael Fay offer good opportunities to compare criminal justice systems. Both were young US citizens accused of crimes in other countries. These cases illustrated the differences between the US criminal justice system and those of other nations.
Consider such factors as pretrial release, burden of proof, right to appeal, and type of punishment. Prepare a report in a 4- to 5-page Microsoft Word document responding to the following questions:
What were the alleged crimes involved? Summarize both the cases.
Did the court system use an adversarial or inquisitorial method? Explain.
What were the final outcomes of the cases? Provide a legal ground for the outcome and justify your answer with appropriate research and reasoning.
In what ways did the process differ from how it would have occurred in the United States?
In what ways was the process similar to that in the United States? Explain with proper reasoning.
Support your responses with examples.
Cite any sources in APA format.
Submission Details
Name your document SU_CRJ3025_W2_A2_LastName_FirstInitial.doc.
Submit your document to the Submissions Area by the due date assigned.
SAMPLE ANSWER
Introduction:
The criminal justice system varies from country to country in terms of the legal process and procedures used to prosecute and punish offenders. This report compares the criminal justice systems of the United States and other countries by analyzing the cases of Amanda Knox and Michael Fay. Both individuals were accused of crimes in other countries and provide a unique opportunity to compare the different criminal justice systems. This report will discuss the alleged crimes involved in the cases, the methods used by the court systems, the final outcomes of the cases, the differences and similarities in the legal process from that of the United States.
What were the alleged crimes involved? Summarize both the cases.
Amanda Knox was an American student studying in Italy. In 2007, she was accused of murdering her roommate, Meredith Kercher, in their apartment in Perugia, Italy. Knox and her boyfriend at the time, Raffaele Sollecito, were both arrested and charged with murder. The prosecution argued that Knox and Sollecito killed Kercher in a sex game gone wrong. Knox was found guilty of murder and sentenced to 26 years in prison. However, she was acquitted of the charges in 2011 and released from prison.
Michael Fay was an American student studying in Singapore. In 1994, he was arrested and charged with vandalism for spray painting cars and stealing road signs. Fay was found guilty and sentenced to six strokes of the cane, a punishment common in Singapore. The punishment was eventually reduced to four strokes of the cane after appeals from the United States government.
Did the court system use an adversarial or inquisitorial method? Explain.
The Italian criminal justice system uses an inquisitorial method, where the judge takes an active role in investigating the case and gathering evidence. The judge is responsible for questioning witnesses and determining the guilt or innocence of the accused. In contrast, the Singaporean criminal justice system uses an adversarial method, where the prosecution and defense present their cases to a judge or a panel of judges. The judge or judges then make a decision based on the evidence presented by the prosecution and the defense.
What were the final outcomes of the cases? Provide a legal ground for the outcome and justify your answer with appropriate research and reasoning.
In Knox’s case, she was found guilty of murder and sentenced to 26 years in prison. However, her conviction was overturned in 2011 by the Italian Supreme Court due to insufficient evidence. The Court concluded that there were significant errors in the investigation and that the evidence presented by the prosecution was unreliable. The prosecution had relied on circumstantial evidence, such as Knox’s behavior after the murder, rather than hard evidence to support their case. As a result, Knox was acquitted of the charges and released from prison.
In Fay’s case, he was found guilty of vandalism and sentenced to six strokes of the cane. The punishment was later reduced to four strokes of the cane after appeals from the United States government. The Singaporean government defended the punishment, arguing that it was necessary to maintain social order and discipline. Caning is a common form of punishment in Singapore and is considered an effective deterrent for crime. The punishment was justified on the grounds of maintaining social order and discipline.
In what ways did the process differ from how it would have occurred in the United States?
The process in both cases differed significantly from how it would have occurred in the United States. In Knox’s case, the Italian criminal justice system used an inquisitorial method, where the judge takes an active role in investigating the case and gathering evidence. In the United States, the criminal justice system uses an adversarial method, where the prosecution and defense present their cases to a judge or a panel of judges.
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