Questions For Discussion – Coursework Example
Discussions Discussion Questions Q1 Benefits of Televised Trials Televised trials enhance education about the judicial process among the public. It restores public confidence in the courts and instils an aspect of openness in the justice system (Bautista, 2010). Televised trials through media coverage grant viewers the right to access a public trial at their disposal. Because the general public is not often exposed to a court system, televised trials improve confidence in the criminal justice system. Televised trials counterbalance possible biased slant of print media such as newspaper. Besides, a televised trial through video recording is a significant tool to use when the case is on appeal.
Televised trials increase prejudicial publicity. Besides, it creates a public embarrassment of the defendants. Televised trials are harmful to victims and witnesses because it prevents them from complaining and providing evidence. Televised trials focus on sensational aspects of a case that prejudices the search for truth.
Mens Rea implies a guilty mind. Also referred to as a criminal intent, it is the significant mental element considered in the court proceedings to ascertain if criminal guilt is present (Monaghan, 2014). The elements to determine Mens Rea or establish the guilt of a defendant include culpable mind and culpable action. The two elements, culpable mind and culpable actions, declares that it is morally wrong to punish a person for harm done to the public unwittingly and innocently. Besides, criminal action (actus reus) determines whether a crime occurred. To establish Mens Rea in a courtroom, it is argued that the criminal must have undertaken the act in culpable mental state. Thus, a person may be judged innocent or not guilty if mens rea is absent. Therefore, to affirm mens rea in a courtroom, then the criminal intent or act must be malice aforethought, intentional and knowing.
Bautista, A.D. (2010, November 27). Media in the Courtroom. Philstar. Retrieved July 2, 2015 from http://www.philstar.com/opinion/633495/media-court-room
Monaghan, N. (2014). Criminal Law Directions. Oxford, OX: Oxford University Press.