The Criminal Justice System ( Nics )

The fourth argument in favour of the criminal justice system is that it strives to facilitate a better understanding, for citizens, on how decisions are made at each stage while an investigation into a crime and trial proceedings are in progress. It is important that citizens understand the criminal law and order process so they can contribute effectively as witnesses and victims of crime which is fundamental to decisions made about prosecutorial screening and police investigation into a crime (Daly, K. et al, 2006). It is also found that it is crucial that the processes that make up the criminal justice system are followed, to eliminate the likelihood of serious distortions in a criminal case. For instance, although matters concerning sentencing, criminal law and procedures are separate to each other, it becomes important for the citizen to identify them and their functions so essential values in each of these areas are well known and therefore held accountable by society (Smith & Natalier, 2005, p.45). This knowledge will facilitate society to ascertain if each department is allowed to operate independently but in line with the laid down policies, hence the law being applied amicably (Bryett et al,

Criminology is the definition of our crime today, it defines many aspects and elements that challenge our common sense understanding of crime. The term ‘Criminology’ was first introduced into the English language in Garland 1988 by a criminologist Havelock Ellis (jones, 2013, pp. 2-3). However criminology was present in the 1860’s as Henry Maudsley a medic that worked in the prison systems to study insane and feeble - minded criminals (jones, 2013, pp. 2.) Criminology gives an understanding to those that seek justice although some victims may prevent crime or encourage it to gain the same significance. The reasoning of crime has changed considerably over the past 40 years, some say it was the change of the criminal justice system abolishing Capital punishment in 1965, or just the development in different legislations. Making punishment more psychological rather than physical punishment may have increased the velocity of the crime rate today as some may argue it is less harsh. Criminology is one to justify these changes to prevent criminal offences. Criminology is enforced to understand and analyse the extent of offences and how legislation is formed and put into practice. Development in crime in our

The New South Wales (NSW) criminal justice system has been separated into “two tiers of justice”. The two tiers of justice involve the separation of lower and higher courts, where the lower courts are comprised of Local courts and the higher courts are comprised of District and Supreme courts. The local courts role lies mainly in exercising summary jurisdiction whereas more serious indictable offences are dealt with in higher courts. However, there is more than just a jurisdictional divide and there are other aspects that significantly distinguish the lower courts from the higher courts.

The legal definition of crime is “an act of violation of a criminal law for which a punishment is prescribed; the person committing it must have intended to do so and must have done so without legally acceptable defence or justification” (Walsh & Hemmens 2008:2). Alternatively, deviance is any social behaviour which departs from that regarded as ‘normal’ or socially acceptable within a society or social context (Jary & Jary 1991:160). The underlining focus of my essay is The Criminal Justice System in England and Wales which is a key public service consisting of various bodies and individuals including: the Police, Crown Prosecution Service, Her Majesty’s Court Service, National Offender Management Services (Probation and Prisons) and Youth Justice Board.

The administration of criminal justice and the operation of criminal process play an important role in our ever-changing society. The current structure of the New South Wales criminal justice system, as described by leading critic Doreen McBarnet as the ‘two tiers of justice’, has attracted many critiques namely the ideology of triviality, summary offence punishment and other legal notions such as technocratic justice. I have applied the above concepts during the course of my observation to Local, District and Supreme Courts of New South Wales in April 2016. The following report will assess the validity of the above concepts at a practical level in light with my observation and research, drawing intrinsic links between two tiers of justice and technocratic justice, and concluding with the two tiers of justice as a necessary framework in our modern criminal justice system.

As time has progressed, the Australian legal system has seen to the perpetual alteration of laws. In order to suit continual change in a contemporary and rapidly morphing society. The criminal justice system (CJS) is a scale which is continually reforming in an attempt to achieve justice for young offenders. However, achieving justice is a complex area and calls for the mandated evaluation of juvenile systems and Young Offenders Act (1997). In Australia the CJS aims to reduce recidivism and rehabilitate young law breakers by enhancing a combination of both welfare and justice. With such vast changes in this modern day society the law must be dynamic, responding to values and concerns, resolve issues as they develop, promote equality and respond

Criminal justice study, a subcategory of social science, gathers information traditionally from three sources: survey research, government statistics, and one-off studies of particular people, places, or events (King, 2013). However, the astonishing pace of technology advance has changed this pattern. In next 50 years, the exponentially increasing magnitude of information sources will extremely affect both our research and practice in criminal justice. On the one hand, criminal justice course needs to handle problems created by high technology, e.g. the application of new technology in law enforcement and relevant criminal procedure issues. On the other hand, the high technology also provides new tools for the expanding of the discipline, e.g. the application of big data methods in the discipline. Criminal

Correctional Agencies. Correctional agencies are all those in correction and they include prison, probation, jail, parole, community-based sanction such as house arrest and electronic monitoring. Their primary purposes are to punish, rehabilitate, and to ensure public safety [ (Shilton, 1992) ]. Responsibilities as stated by Professor Daly (2012) are to hold people on remand, hold people who are sentence to a term of imprisonment, maintain appropriate conditions for those in custody, provide activities that encourage learning and life skills, prepare inmate for release.

The case was heard at Manchester Crown Court on 8th December 2014. The defendant was convicted of handling and exchanging of indecent images, including recorded CDs with sexual acts, classified as range A, B and C with children aged between 8 and 10; being contrary to s45 and 46 of the Sexual Offences Act 2003. The defendant pleaded guilty and was sentenced to 3 years of community order, including mandatory attending to sexual problems, regulatory behaviour and alcohol misuse helper groups, and 12 months of community payback. The judge considered the defendant’s previous sentences and needs, and the level of risk of possible victims. This report explores the police powers given to examine and recollect evidence. The report will also look at the accountability mechanism of the police in order to come with a conclusion whether they should be given extra powers or should there be a higher level of accountability. It then considers the Probation Service and the difficulties that rise in fulfilling its aims as well as maintaining the public credibility. It begins by questioning how realistic the achievement of ‘public protection’ is. It follows with an analysis of the two main aims, rehabilitation and reduction of crime, as approaches directing to fully protect the public. Then proceeds to examine the argument that joining forces between the professionals involved in criminal justice and the community at risk is needed in order to a proper protection to the public.

A number of people do not know how the criminal justice system functions. Their assumptions of how it may, how it may work is shaped by the way that the media along with reality-based television shows portray the justice system and the crimes involved in the episodes. These programs show real events that have or had happened during the arrests of crimes or the first step that an individual takes when entering the criminal justice system. A number of different programs focus on one type of crime while others show quite a variety of different ones, but they are all tied into an individual being inducted into the justice system.

The criminal justice system is a diverse system used around the globe. When in consideration of what the definition of the Criminal Justice system which is a law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses ("criminal justice system: definition of criminal justice system in Oxford dictionary (American English) (US)," n.d.). Here have been many historical events that have led up to today’s way of handling the criminal trends. So many factors come into play. In order to control or make order of society you need laws and guidelines within the country and as well amongst the international countries.

At the beginning of the 1990s, however, policy shifts reflected instrumental managerial concerns. The Criminal Justice act 1991 followed the ideas of the White Paper:1990 which stated that ‘Imprisonment can be an expensive way of making bad people worse’ (Home office,1990). This policy was ‘offence based’ as the main focus was on a just deserts policy, this is the movement which states the amount of punishment imposed on an offender should be proportionate to the seriousness of the offence

The Crime, Justice and Protecting the Public White Paper announced a desire to make fines proportionate to the offenders’ ability to pay, in order to reduce the number of prisoners serving time for non-payment. The levels of the units introduced by the 1991 Act were: Level 1 - £200, Level 2 - £500, Level 3 - £1000, Level 4 £2500, and Level 5 - £5000; on summary conviction.(REFERENCE)

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.

These quotations demonstrate that over the past fourteen years the head of State has called for the government to increase attention to the treatment of victims of crime in England and Wales. This would imply that the needs of victims’ of crime have consistently been on the political agenda and that the system is recognising that improvements need to be made to promote victims’ interests. What however is the reality? This essay will explore how an advocate for the criminal justice system (CJS) would argue that victims of crime are not being failed. It will present the measures taken to improve the rights and interests of victims. It will discuss the commitment of the Crown Prosecution Service (CPS) to victims by exploring ‘The Prosecutors Pledge’.