The criminal justice system in England and Wales is made up of multiple agencies which all have different responsibilities, however they share the main objective of maintaining and enforcing the rule of law. The International Bar Association (2005) describes the Rule of Law as ‘the foundation of a civilized society’ with a society’s formal response to crime being the responsibility of the criminal justice system ‘more specifically in terms of a series of decisions and actions being taken by a number of agencies’ (Criminal Justice). Law enforcement, courts, the penal system, and crime prevention are the four key agencies that make up the criminal justice system.
The criminal justice system is intricate, in addition to the officials and
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Through such mediums as the media, political debates and official statements the public is made aware and so is able to form opinions and ideas about the way the criminal justice system, and the agencies involved, function and its effectiveness. When looking at other countries clear differences can be seen in the structures and practices in place; such things as the ‘contents’ of the law, the various sentences enforced by the courts, and countries citizens perspectives of crime and punishment.
In England and Wales adversarial justice is the main principle used in the criminal justice system. The adversarial system is not designed to establish the truth about an incident, that responsibility is placed onto law enforcement agencies and prosecutors. Once having identified a suspect it is their responsibility to gather enough evidence to convince a court of their guilt beyond reasonable doubt. An already stated above, the purpose of an adversarial system of justice is not to get to the truth, the first barrier to a conviction is the lack of evidence. Once law enforcement has a suspect and has collected all the evidence possible the case is put to the CPS who will then have to decide whether it is likely a trial shall result in prosecution, and also whether it is in the public interest to proceed. Once a decision has been
The criminal justice system plays an important role in this society, it is meant to protect and serve. This “system” is also meant to maintain the peace and enforce the laws set by the government. However, the criminal justice system is not even close to perfect. It has many flaws, some of which are: police brutality, death penalty, mass incarceration, gun violence, and especially wrongful convictions. A majority of the flaws that the system has can be easily fixed and can be set straight. For example, the issue of wrongful convictions has been relevant for quite some time and has the potential to decrease its probability of occurring by focusing on the importance of scientific evidence, rid of faulty witness testimonies, and make sure that the lack of evidence and/or government misconduct, if applicable, does not determine the outcome of the case.
To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men united to form a society” (Beccaria, 1764: 16). In order words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution.
The 13th Amendment to the American Constitution is celebrated and known as the amendment to end slavery. The amendment provides that, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (U.S. Constitution, Amendment 13). What is often overlooked is that this amendment abolishes slavery, unless you are a criminal. After the Civil War, this loophole was wildly used by slave owners, as they would convict African Americans of minor crimes to then use them as slaves again. This exception to the amendment is continually used today in the American prison system. The Criminal Justice System in America contains significant flaws that are detrimental to society. A few of these flaws lie within the actions and ideals of the prison system, the policies and laws surrounding the criminal justice system, and the American Legislative Exchange Council.
The realities and everyday necessities in Indigenous communities seem concealed and compromised in the enduring Indigenous criminal law discourse which is framed by issues throughout history, jurisdictions, prisons, courts and the criminal justice system. Whilst today’s intergeneration effects of poverty and the loss of autonomy fuel Indigenous disadvantage, the criminal law institution is another contributor which vividly displays disadvantages and barriers which preclude Indigenous Australians from sufficiently accessing justice. However, the pursuit for justice is more multifaceted than a return to Indigenous tradition and retainment of the dominant criminal justice system. The following essay will highlight this
There are two distinct types of models that are found in the English criminal justice system. These are the crime control model and the due process model. They vary in their characteristics and are considered to take divergent objectives. Basing on their evident differences, one of them is actually considered being more effective than the other if the new wave and rate of crime being witnessed in the society is anything to go by. This paper therefore seeks to identify some of the differences between these models and point out that which is considered as effective in dealing with rate of crime in our current society.
During the period of the Great Depression (1920-1939), the criminal justice system reflected the same amount of struggle as the economy. At this point in America, there were many flaws within the structure of the criminal justice system. Inequality, developing system, and harsh realities of organized crime beat down the structure and credibility within trials. The need for reformation was evident. Minorities during this time period struggled overall for the same equal rights that the white majority was granted. African Americans were most called out on due to the fact they represent a different background, culture and have a unilateral political viewpoint. Although under the influence of the law, it was no different in court, when it came
The main objective of the criminal justice system is to control crime rate in Australia and broader consensus proves that it should remain as a dominating feature in administration of criminal justice. Decrease in crime rate can be achieve by the effective means of reacting to the call for help or service, collection of evidence from the crime scene and arresting if necessary. The system also helps administration by serving the sentence enforced by the court. The criminal justice system also helps in identifying and eliminating the conditions that leads to criminality. The main strength of the criminal justice system is to do justice and consider the person innocent until the person is proven with the charges and declared guilty. This system
Sir William Blackstone once said “Better that ten guilty persons escape than that one innocent suffer”. Television shows exemplify a pretty good aspect of the issues that people face in the Criminal Justice field. Criminal justice is not just police officers, there are many more fields that a person can get into. Even though there are issues within this field, there are plenty of benefits in the field as well. There is more to criminal justice than what meets the eye. There are problematic issues, an abundance of different jobs in this field, and there are plenty of long-term and short-term benefits that come along with the badge.
The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.
From the 19th century to the 20th, crime control state agencies have become instilled with ‘penal welfarism’ and rehabilitation. However since then they’ve been dominated by risk management, incapacitation and retribution. In clarifying this change Garland; the formal organisations of crime control have a tendency to be responsive. Garland states “too often our attention focuses on the state’s institutions and neglects the informal social practices upon which state
Violence and crime have been splattered on the pages of history for centuries. Sadly, however, they will be part of the future as well. Is being a police officer or investigator as cool as they make it seem on television? Criminal Minds is just one of the many investigative television shows that keep its audience pondering over the reality of crimes. "Criminal Minds portrays the psychologist as having a more active role than they really do," explained Marc T. Zucker, academic chair of the undergraduate School of Criminal Justice at Kaplan University, in one article. "We all love the thrill of the chase and arrest, however, psychologists don 't typically accompany officers in the apprehension of suspects. Still as
The Criminal Justice System (CJS) is one of the major public services in the United Kingdom. There are six core agencies complemented by a number of voluntary groups. Gibson and Cavadino (2008, p9) suggest that the Criminal Justice System ‘encompasses all the procedures and practices that flow from detection and apprehension of offenders right through to the rehabilitation of offenders’. The Criminal Justice System is a process through which various agencies work together to ensure that people who commit crimes are brought to justice; it exists to protect the public by reducing crime. One of the most integral components of the CJS is that of the Crown Prosecution Service (CPS) who are responsible for prosecuting criminal cases investigated by the police. They act independently with the role of prosecuting cases firmly, fairly and effectively when there is enough evidence with a realistic prospect of conviction (CPS, n.d). This component of the CJS has not been without its problems of controversy but has improved to become the agency that it was intended to be over time. This report aims to describe and summarise the role and importance of the Crown Prosecution Service within the Criminal Justice System. Reference to other agencies including the work of the Police, the Courts, the Probation Service, the Prison Service and Youth Justice will
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.
Nowadays, murders, rapes and other heinous crimes can be committed by anyone. A fourteen-year-old teenager who murders someone or does a massacre in school can be often seen from the headline news of newspaper. However, these youth criminals may have much less severe punishment than adults may have who have done the same crime. A criminal is a criminal that must be punished as no difference between adult and youths if the crimes committed are heinous crimes such as murder and rape. A bullet wound hurts just as much when a child as fires the gun as when an adult fires the gun. Therefore, regardless to age, the youths who commit heinous crimes like murder and rape should be charged as adults and get the punishment
Is the criminal justice system more effective as a method of bringing the guilty to justice or as a deterrent or a method of social control? It is unanimously agreed that the aim of the criminal justice system is to provide equal justice for all according to the law, by processing of cases impartially, fairly and efficiently with the minimum but necessary use of public resources. It is a complex process through which the state decides which particular forms of behaviour are to be considered unacceptable and then proceeds through a series of stages - arrest, charge, prosecute, trial sentence, appeal punishment -' in order to bring the guilty to justice' (Munice & Wilson, 2006 pIX) and is designed for a coherent administration