C2 Sample Essay 27 (Past criminal record)

Writing at C2 level (Proficient User) on English language examinations is the same no matter the awarding body when it comes to writing essays. If you are a candidate giving an exam in English, make sure you read my earlier post What do I do with the sample writing found on this blog? to get the most out of the sample essays provided on Argute Legacy.  
 
  If you are not taking an exam but need to discuss whether a jury should have information about a defendant's past criminal record or not, then read on and note down what you deem useful. If you intend to use this essay as part of an assignment, remember to paraphrase so as not to plagiarize.

The topic is similar to what candidates would expect in any other C2-level examination in that examiners want to see a well-organized, coherent and cohesive discussion of the issue with arguments and examples written in approximately half an hour.
 
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Under British and Australian laws a jury in a criminal case has no access to information about the defendant’s past criminal record. This protects the person who is being accused of the crime. Some lawyers have suggested that this practice should be changed and that a jury should be given all the past facts before they reach their decision about the case. Do you agree or disagree? Give reasons for your answer.

The idea of standing trial for a crime committed brings various issues to the forefront that raise controversy. One of these deals with the right the jury has to view the accused's past crimes and take them into account when trying a case. The controversy which naturally arises centers on the question of whether this practice should be accepted or not.

Putting a defendant's criminal record at the jury's disposal, on the one hand, may prove helpful. The jury will be able to have a more complete picture of the person standing trial if they know whether they have committed any wrong-doing previously or not, and to what extent that wrong-doing is a serious offense. More importantly, repeat offenders will receive the sentencing they deserve instead of a minor scolding. Indeed, there have been many cases where a reduced sentence was passed because the jury could only judge a defendant based on the facts presented at that trial alone and not on previous charges. Serial rapists, for instance, were not seen as people in need of serious mental treatment but as one-time offenders, something which is clearly unjust.

However, bringing past misdemeanors to light could have the exact opposite effect. Instead of drawing a fuller and clearer picture of the defendant, knowledge of the latter's past criminal record could bias the judge and jury against him or her irremediably. Especially when the 'crime' has nothing to do with the case at hand, jury members are easily swayed to formulate a wholly erroneous image of the defendant. For example, if someone is accused of tax evasion, and his past criminal record shows that at the age of 18 he was caught shop-lifting, this immediately predisposes the court to believe -- without full knowledge of the facts -- that he has stolen again, this time from the government. In fact, the reasons behind the first theft go unanalyzed or the fact that the person may have changed since then is entirely omitted.

In sum, it is difficult to predict when knowledge of a criminal's past record is helpful and when harmful. In my view, misdemeanor cases should not necessitate the disclosure of past crimes. However, the best solution to this issue would be to let a judge view a defendant's criminal record and have them decide whether or not to allow attorneys to present past facts in court.   


 

If you'd like to find out more on how to organize essays, this might help: Essay Writing: The Overall Organization of an Essay