Monday, September 23, 2019
17- Coursework Example | Topics and Well Written Essays - 750 words
17- - Coursework Example To explain the former, this decision gives House the hope to prove his innocence in the lights of the new evidance, that is if he is innocent in the first place. Unlike as in an appeal, in habeas corpus federal court, DNA samples can be produced in this case as a new evidence which can greatly influence the decision of the Judges if the evidence goes in Housesââ¬â¢ favor. Now to see the effect of this decision on the society as a whole, a common citizen would have more confidence in the Judicial System and would know that he has a great chance of proving his innocence if convicted wrongly. The Judicial System over the years has been adversely affected by the cold war between the conservative and liberal governments. This trend has not allowed consistency to prevail in the Judicial System. This new decision gives a hope that the judgments made by the judiciary would neither be conservative nor liberal, but rather would be just. This decision by Justice Kennedy would be referred to by legal experts while solving cases of such nature. To those convicted wrongly, this decision would appear to them as a ray of light leading to a free life. Whether House makes his way out or not because of this decision, it certainly would give convicted people a chance to prove their innocence presenting new evidences in the future. In my personal view, the less-conservative decision made by the conservative judge is the right one, as it might not be possible in certain cases to gather and produce all or the vital evidence during the trial period. Giving the convicted a second chance for producing new evidence and arguing his way out constitutionally, cannot be termed a lenient decision on part of the convicted, but rather a fair one. Though this would lead to additional burden on the courts, but it would ensure that justice is served. Provisions have been made in the law to give a
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