Legal - Effectiveness of the Criminal Justice System

The criminal justice system has been proven to play a very important role in society. The criminal justice system is used to keep the citizens in check and to make sure that the laws that are made are being followed. It also is there to penalize anyone who disobeys the laws. In the criminal justice system, there are 3 main parts, law enforcement, adjudication, and corrections. Law enforcement is self-explainable. It consists of the law enforcers such as police officers and sheriffs. Adjudication is made up of people in the court house such as judges and lawyers. Corrections is made up of jailhouse matters such as prison officials. In these many components of the criminal justice system, there are all put in place to help correct people to do the right thing. There are punitive efforts and rehabilitative efforts. At time, the system may lean towards one category or more, which can be dangerous in terms of disciplinary action. The criminal justice system is more punitive than rehabilitative which makes the system ineffective.

The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.

When a defendant is found guilty of a crime, it is the court’s role to decide upon a sentence that should be given to the offender. Typically, Magistrates and Judges are the main people that decide on sentences in the legal system. During the sentencing phase, there are specific rules by government that have to be followed when deciding on penalties and sentences. Every crime is given a maximum sentence, which is set based upon the type of crime committed. The four categories of sentencing are: custodial sentences, community sentences, fines and probation. There are also noncustodial sentences set in place as well. Furthermore, I will go into depth about the different sentencing that is used by the

The Defence and Prosecution present arguments before impartial judges who decide on a verdict based on the strongest case in law. A jury may be summoned under the Juries Act 1927 (SA), and analyse the facts presented by both attorneys to determine a verdict by either a unanimous or a majority votes of the panel. The jury system allows the judicial arm to reflect the values of the broader community. An impartial and compassionate judiciary can address the needs of minorities by looking after disadvantaged in the community through legal aid (which provides advice to those who cannot afford it) or Nunga Courts (which enable Indigenous Australians to be tried according to culturally sensitive

Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal

The criminal justice system was put into place for several reasons. There are four main goals of the criminal justice system that all work together to improve and maintain justice in society. The criminal justice system aims to protect society by preventing future crimes from happening and by keeping criminals from committing more crimes. Another goal of this system is to appropriately punish those who commit a crime after it’s been determined that a crime was committed. In addition to punishment, they aim to rehabilitate criminals so that they can be returned to society in a safe manner. Finally, the criminal justice system’s goal is also to support victims of crime so that they can return to the way they were before they were affected by

During her study of the Scottish criminal justice system, McBarnet was able to construct an idea of a “two-tier” justice system. In her work, McBarnet reported on the major disparity of proceedings and procedures between the higher and lower courts. Upon my observation of proceedings in the lower and higher courts, I believe this ‘gap’ is prominent in the NSW criminal adversarial system.

Mandatory sentencing is a set penalty approved by parliament for committing a criminal offence. This sentence can involve any type of consequence, it normally refers to prison sentencing. All Australian states and territories have mandatory sentences, most of them introduced life imprisonment for murder after the death penalty’s abolition but, over time, most jurisdictions adjusted the minimum penalty. (Roche, 1999)

REFERENCESAustralian Law Reform Commission (1980), Sentencing of Federal Offenders, Discussion Paper No. 15Law Reform Commission NSW (2001), Discussion Paper 33(1996)-Sentencing, (Chapter 7. Parole), Lawlink New South Wales, Online. Available. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP33CHP7 3.4.2006No Author (2006), Sensible Sentencing NZ Justice: Why Parole?, Safe NZ, Online. Available. http://www.safe-nz.org.nz/paole.htm 3.4.2006Travis, L.F. (1995). Introduction to criminal justice (pp307

As humans, we believe in myths that the police, or anyone working for the justice system, will say the truth. This is a given, since they work for the justice system. Nevertheless, the Serial podcast hosted by Sarah Koenig questions this criminal justice system people whole heartedly trust. Serial is about a 1999 case where a Muslim teenage boy, Adnan Syed, is convicted of murdering his ex-girlfriend, Hae Min Lee – 17-year-old Korean teenager. I have listened to the Serial podcast and took a significant amount of interest toward it. However, when I continued to listen to the podcast, I could clearly see that throughout Adnan’s trial and the investigation process, there were many flaws in the justice system. This has confirmed the criminal justice system to be flawed and ineffective, which is seen through the defense, investigation team, as well as the prosecution.

Judges and magistrates must consider a wide variety of factors when determining a sentence for an offender. Primarily, the sentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences.

The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice

It is through the Criminal Justice System’s close collaborations with like-minded agencies such as the Police, Prison and Courts Services, that the public’s concerns and worries are resolved, in order to bring about justice in our communities (Cavadino and Dignan, 2007 as cited in Fox, 2014). With that in mind and out of the way, this essay will aim to explore some of the strengths and weaknesses, which are prominent within the Criminal Justice System. To do this successfully, the Police and the Courts Service will be the key agencies that will be explored in relation to the key Models that shape the whole Criminal Justice System. These Models were founded by Herbert L. Packer (1968) and Michael King (1981).

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

This journal focuses on the aims of criminal justice system in delivering quality service to the community through public safety enhancement. The author has highlighte some of the measures and steps the system has taken to ensure it achieves its objectives and interaction with various parties. These parties include; victims, witnesses, the accused and criminal justice professionals.