In the minds of ESL exam candidates, e ssay writing is one of the most daunting tasks they are required to complete, regardless of the level of the exam, the administering body or the ease with which they themselves use the language. The same applies to students who are asked to write an essay by their teachers at school. In the previous sample essays posted on the blog, the main point I stress is the need to become acquainted with this form of writing (as opposed to writing a letter, review or report, for instance), to get a feel of what authorial voice is and how to organize and progressively express the arguments you wish to make in a coherent manner. Unfortunately, the best way to prepare for exam writing or learn how to write good essays for school is to read as many essays from as many sources as possible, then write as
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.
If you'd like to read more sample essays and useful essay-writing posts, click on the image below.
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
If you'd like to find out more on how to organize essays, this might help: Essay Writing: The Overall Organization of an Essay
