The Importance Of The Criminal Justice System

There are sometimes conditions of bail, such as a bond, reporting to the police on a regular basis, restrictions on where the accused can go and whom they can see, and they may have to give up their passport. Bail laws create tension between the community interests and individuals’ rights and freedoms, as often certain members of the community do not deem the individual worthy of bail. This is evident through R V Silva [2014] NSWSC 148, where the accused was granted bail despite being accused of manslaughter. The government has attempted to relieve this tension by reform to the Bail Act 1978 (NSW), which enforced the Unacceptable Risk Test, preventing more serious offenders from being released on bail. The government relieves tension concerning bail laws by enacting law reform to protect society, however, this can restrict the rights and freedoms of individuals who are

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

The population of offenders in correctional institutions in the United States is at an alarming amount, and it doesn’t have to be. Each year 7 million offenders are absorbed and expelled from correctional institutions and jails, placing a heavy burden on the criminal justice system (Morgan, 2011). Many of these offenders will recidivate, and with rates that are estimated at 70%, means 4.9 million will eventually return to the criminal justice system, creating a vicious cycle of arrest, re-arrest, and imprisonment (Morgan, 2011). Among this population are offenders with mental illnesses that need to be addressed, or specialized care that needs to be administered. Without the support of mental health programs such as mental health court,

Our universal human rights which extend to every living person on this planet, are not achieved through the legislator, nor the executive but within the judicial arm of government. It is within trials that individuals can attain a sense of justice, fairness and certainty in an impartial outcome to a case. The jury system breathes confidence into the concept of justice, where the power is decentralised from elitist powerful judges and put into the hands of ordinary members of the community. Individuals are not prepared to accept a decision made by so-called experts, by a board of judges, or by a dictator. They are prepared to accept and outcome which stems from the wider

There are many aspects of the criminal justice system that must be considered when determining the most important. Each area of the criminal justice system has its place and plays an important role in the process. For example, an arrest cannot be made without the police, the case cannot be reviewed or adjudicated without the courts, and the convicted individual cannot be placed into supervised confinement without corrections. However, the courts are the most important aspect of the criminal justice system because the decisions made in and outside the court system can serve as a guide for the other areas of the criminal justice system to follow. More specifically, judges and prosecutors hold tremendous power and can shape how laws are enforced,

The criminal justice system is a complex and often uncoordinated system that operates by enforcing the law and seeking justice across countless jurisdictions. It is comprised of many separate agencies including agencies at the federal, state, and local level. Each agency has its own function and goals while operating at different levels of government. The agencies also represent different concerns and values of the public, creating a fragmented system rather than a monolithic, unified system. A monolithic system would deny the reality that justice in a rural area might not be justice in an urban area. To create a unified system would require our complex society to determine a common set of values and goals (Wright, 1981). It is seemingly impossible that a common set of goals or values would ever be agreed upon by the entire society. Therefore a range of goals and values are represented throughout the separate yet intertwined agencies that comprise the criminal justice system.

Throughout this semester in Criminal law and Procedures I have learned about the criminal justice system more and the laws and procedures behind it all. There have been many cases in the past that have helped us define laws in present day and this cycle continues to happen. But, there are many laws that have not changed or procedures that do not make sense in the court of law. Procedures in the criminal justice system can be so precise that if one word is not said or one small action is not done, it could make or break a case. There are many laws and procedures that I would like to change as well as many I would like to keep.

Within Canada, the central purpose of the Criminal Justice system is to implement social control, prevent and identify crime and to prosecute those who breach the law. However, though the criminal justice system deals with all of these various components as a whole, the responsibility of each is divided between a variety of authority. The court is an area of the justice system that a significant weight of responsibility is placed upon, as the court essentially plays a multifaceted role in determining the innocence or guilt of a subject. (Griffiths, 147) Furthermore, one of the most difficult tasks asked of the courts is the principle of judicial independence. Essentially, judicial independence ensures that citizens are given the absolute right to have their cases tried by tribunals that are fair, impartial, and immune to any from of political interference. (Griffiths, 147) Therefore, through primary analysis of the criminal justice system, many observations were made of the various processes and structures of the courts. The criminal justice system, being quite complex, was difficult to analyze but within a day of court, the practices and procedures of the system were outlined with clarity. Despite the justice system containing an array of components, three main elements stood out that were actively exercised in the courthouse. These various elements include professionals known as the courtroom work group who actively facilitate all aspects of trial, the demanding

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).

In founders of the United State constitution believed that the best form of government is the one that help the welfare of his people. The main goal of the criminal justice system is to prevent crimes and hold those who have committed crimes accountable for their actions. Moreover, the criminal justice was created to protect, restore victims, and treat all citizens the same in the court of law. However, the system is failing his citizens. Violent crimes increasing and each day a Father, Mother, and innocent kids are killed by guns. Law enforcement is having a hard time stopping crimes in communities because they don’t know what are the causes of crime. Are the causes of poverty, crime, unemployment, uneducated or is it because the criminal

A principled sentencing system would and must safeguard defendants’ rights. But, though defendants’ pre-trial and trial rights have long received much attention, their sentencing rights have not. Defendants at sentencing are situated quite differently from those awaiting trial. By the stage of sentencing, a judge or jury has already found the defendant guilty beyond a reasonable doubt or the defendant has admitted guilt through a plea. At issue is how the state will treat the proven wrongdoer. Thus, safeguards for the innocent are no longer essential, and legislatures, courts, and prosecutors may feel more comfortable with procedural shortcuts. As a result, sentencing power has often favoured the state, and even seemingly neutral sentencing rules may tilt the system toward

Instead, the focus of the law is directly placed on legal facts presented during a case. From these, justice - in accordance with the court of law - will be served. The problem with this however, is that a prominent belief in society is that the politics surrounding the case over-rule the need for justice inside a court, when in fact, the moral rights and emotions of the victim should be the most important factor whilst determining a just sentence for the offender (The Age 2002). This ideal is based on the belief that the impact the crime had on the victim is more extreme than the impact of any form of punishment placed on the offender, suggesting that justice can only be served once an offender is forced to adress and respond to the concerns of the victim, and following this, suffer extensively harsh punishment (Launchland 2015), regardless of any mitigating factors present in the case. In contrast, many people also support a more empathetic approach towards the offender, encouraging the growth of a more corrective and rehabilitational legal system, and recognising the moral and legal rights of an offender to be just as substantial as those of a victim (Timary Herald 1999) in determining what true justice really is. From simply examining the above opinions on what justice really is and how it can be served in the criminal justice system,

Criminal Justice in general terms refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct in the society. The criminal justice system is essentially an instrument of social control used by the government. Society considers some behaviors so dangerous and destructive that it either tries to strictly control their occurrence or outlaws them outright. It is therefore, the job of the agencies of justice to prevent these behaviors by apprehending and punishing transgressors or deterring their future occurrence.

While the intelligence community does not believe any attack on a U.S. military base is imminent, the vulnerabilities are real. Three recent criminal cases show just how easy it is to penetrate a U.S. military facility — most of which happen in cities and other commercial areas, housing thousands of military personnel and their families with buildings and offices, schools, hospitals and weapons storage spaces.

Criminal Law is part of the criminal justice system that has a set of rules and regulations that punishes criminal offenses against society. Laws in society are to enforce the actions of people in society, keep great morale and punish criminals. In addition, Civil Law defined by dictionary, “The body of laws of a state or nation regulating ordinary private matters,” which can lead to lawsuits, which goes to tort law. Also, there are several procedural defenses in the criminal justice system that criminals or defendants use to claim that they were discriminated against or wrongfully accused of a crime in the system. In addition, there are excuses used in the criminal justice system that a criminal might use if they committed the crime, but should not be held responsible due to certain circumstances at the time of the act. Furthermore, the criminal justice system has several defenses and certain laws that enforce rules and regulations, such as civil law, procedural law, excuses, and procedural defenses.