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“The criminal process is part of the State’s response to crime, part of the mechanism which the State applies substantive criminal law to its citizens”. (Ashworth & Redmayne, 2005, p.2)
Within this essay, I will be looking at the procedures in the Criminal Justice System. Before laying the foundations of this work, I will briefly dedicate a few lines on what the Criminal Justice System is about. A Criminal Justice System is a set of legal and social establishments for carrying out the criminal law in agreement with a definite set of procedural regulations and restrictions.
In every country there is a need to shield, guard and protect people and their properties. The creation of laws is an indispensable form of protection and the establishment of a system to apply and to enforce these laws, is imperative. In this work I will be looking at the Procedures in the Criminal Justice System in the UK.
As it is outlined in the Aims and Objectives section of the Criminal Justice System online, “The purpose of the Criminal Justice System (CJS) is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent. It is responsible for detecting crime and bringing it to justice; and carrying out the orders of court, such as collecting fines, and supervising community and custodial punishment”. (http://www.cjsonline.gov.uk/aims_and_objectives/)
According to Malcom, D, et al. (2010), the Criminal Justice System in the UK has been developed over many centuries and by the 20th century its primary focus was on the way someone who is indicted of a crime is dealt with. In the UK, three main elements constitute the Criminal Justice System, the law enforcement, adjudication or el...
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...with a reward system for good behavior whilst at the same time, great effort is being put forward to instruct and train the prison inhabitants in becoming good citizens.
As a result then, in the UK the correction establishment is not only the final point in the Criminal Justice System, it is also held accountable for two essential responsibilities, that is, to penalize for any given crime and to rehabilitate the criminal.
Works Cited
Ashworth, A., & Redmayne, M. (2005). The Criminal Process.( 3rd ed). Oxford University Press.New York
Cavadino, M., & Dignan, J.(2007). The Penal System : An Introduction. Sage Publications. London
CJS Criminal Justice System. Aims and Objectives. Retrieved from, http://www.cjsonline.gov.uk/aims_and_objectives/
Davies, M., Croall, H., & Tyrer, J. (2010). Criminal Justice. (4th ed.). Pearson Education Limited. England
Wright, J. (2012). Introduction to criminal justice. (p. 9.1). San Diego: Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUCRJ201.12.1/sections/sec9.1
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
The individuals within our society have allowed the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflicts with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, reside in our ability to observe the Individual’s rights for public order. The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence-based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packers believed in which ones rights are not to be infringed, defrauded or abused was to be considered to be the ideal for procedural fairness.
Criminal investigations are a very serious matter that takes a large amount of time to solve. The Criminal Justice System plays a huge part on cracking down criminal cases. “The Criminal Justice System
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
Daly, Kathleen, Goldsmith, Andrew, and Israel, Mark. 2006, Crime and Justice: A guide to criminology, third addition, Thomson, Lawbook Co.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
3."Criminal Justice System - Structural And Theoretical Components Of Criminal Justice Systems, The Systems In Operation, The Importance Of Viewing Criminal Justice As A System." Law Library - American Law and Legal Information. Web. 30 Mar. 2010. .
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
It could be debated that contemporary sytems of criminal justice are overly bureaucratic and depersonalising to a certain extent. By this it is thought that criminal justice systems involving the police and prison service, Crown Prosecution Service , Probation and the courts are overly bureaucratic and depersonalising. Bureaucratic is the idea of “Relating to a system of government in which most of the important decisions are taken by state officials rather than by elected representatives” (Oxforddictionaries.com, 2015).This could be seen through the functions of criminal justice systems that are to manage crime and criminals under strict rules.However it could be equally argued that criminal justice systems are not bureaucratic as powers
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular