Every country has got its own law administration arms that are meant to oversee a fair use of the laws of the land to its citizens. The laws are meant to govern among other things, the people's co-existence, property ownership and life at large where wildlife becomes an inclusion (Ehow 1999-2014). In the pursuit of effectiveness, application and enforcement of the law has to work hand in hand thus giving rise to two distinct segments. The wide scope of coverage to grass root level dictates that every country should have well structured organs in place to act as a medium of law application. The element of fairness embeds itself on the law to ensure that all justice channels gets explored before the final verdict is delivered (Ehow 1999-2014). Every individual under the law is granted an ample room to exercise and receive justice under all circumstances and it usually happens in the countries that do not uphold prejudicial judgments (Mark K. 2003). The aspect of extending the right of justice application to all individuals draws its power from the main sources of law which includes the constitution, legislature, customary law and judicial precedents.
Evaluation of Judicial system and criminal justice application
A judicial system refers to the courts hierarchy in the application of law and justice in the country (Ehow 1999-2014). The courts mainly interpret the law and are not vested with making it. At some point, the application of the law can be based on the past court rulings but it does not amount to creating special or new law. Courts can stop any application of the law that is not consistent with the main sources of law. The courts depend on references to the already made laws. Two ma...
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...e of reforming and educational labor institutions together with prisons ensures that corrective measures are administered. The militia acts also exists to enforce the law thus forming a constituent of the control model. Different bodies such as drugs control constant committee assist the government with substantiating the law thus enhancing a due process model. This model draws lines on the authorized conducts and illegal actions in the public domain. The various sources of law as applied in Socialist, Islamic, Common and Civil legal systems determines the application of substantive and procedural legal practices in the respective countries where the legal systems apply.
The overall approach used in Russia's criminal justice system is punitive and the main beneficiary is the government since it has the powers to run the system with impunity (Mark K. 2003).
The criminal justice systems vary in each country as far as their policies and procedures go. Each aspect of the criminal justice system has its advantages and disadvantages. The main purpose of the criminal justice system is to sanction criminals, mitigate crime, increase security and uphold a fair system of justice. In some cultures, fairness is not always given as certain laws are expected to be honored. This paper will discuss the criminal justice system in the United States, England and Japan.
The Criminal Justice System and its agencies encounter challenges while trying to perform their daily activities. The system deals with laws involving criminal behaviour. It dwells on three major agencies: the police, courts, and the corrections. Each agency has its own specific and important roles to contribute to society. This paper will explain both the roles and challenges each agency unfortunately battles.
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
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Shelley, Louise I. “The Challenge of Crime and Corruption.” Russia’s Policy Challenges. Ed. Stephen Wegren. New York: M. E. Sharpe, 2003. 103-122.
Crime control and due process were models identified by Herbert Packer [1968]. The crime control model was designed to help the police. The key objective is crime fighting. Emphasis is placed on facilitating criminal investigation, questioning and pursuit of offenders. Less emphasis is placed on the rights of the suspects. The aim is the conviction of the guilty even if it means convicting a few innocent ones. Due process on the other hand, stresses on the defendants’ rights to fair trial. It presumes that the accused is innocent until proven guilty. The accused should be equal before the law. They should be limits on the powers of the police and other law enforcing...
In the criminal justice system three major agencies can be identified, they are; the police, the courts, and the correctional institution. The police responsibilities are of that of keeping the peace, apprehension of criminals, combat and prevention of crime, and social services. Once officers have been involved and it is determined that a crime or any other infraction has been committed, then the case will move into the jurisdiction of the courts. The court system will then be responsible for the adjudication of the subject where then the correctional system will impose whatever punishment or treatment was deemed by the courts. Once the corrections systems have received an inmate, the punishment phase will commence, whether it is imprisonment, probation, or community based correction. The previously mentioned are the three mayor agencies that process a citizen who has committed a crime against the state law, as you can see, the process is similar to that of an assembly line one might find in a factory. All agencies are linked together as one for t...
...ns constitute a structural network of supervision, in which individuals may not only be subjected to power, but also play a role in employing and exercising power. Moreover, individuals internalize such and act accordingly. As such, there has been a greater possibility for intervention in individuals’ lives, not only in terms of illegal actions but also crimes against abnormalities. The aim of contemporary discipline is the transformation of individuals into productive forces of society. The basic functioning of society rests on such. Ultimately, the nineteenth century penal regime- not limited to the judicial system- has been largely successful in exerting disciplinary power. Not only has disciplinary power dispersed outside the walls of prison, but moreover, members of society have remained unaware of its presence, as they conform to and participate in it.
The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. It has responsible for investigating the crimes that will allow them to bring justice, to improve the effectiveness of the rules and procedures, and to gain a sense of confidence in people of the country. The word “crime” means an illegal action that is prohibited by law or a breakage of certain laws set by the criminal justice system. Our society constantly read and hears about the phenomenal growth of crime and the increase of the crime problem. Our society may see the officers of the criminal justice making an arrest or patrolling the streets, but they do not realize that the criminal justice system has a government type structure, has goals, and is made up of three components, law enforcements, the court and corrections and all three works together to protect an individual’s rights and the rights of the society against crime.
The majority of people in the society have a preference to the crime control model over the due process models because of its ability to be a quick and efficient process. This happens because the crime control model orbits around the assembly line, resorting to being quicker and more efficient compared to the due process models. However, its justice in most cases is questionable according to evidence from the societal concerns. On the other hand, People resist the due process models because they take a long time to operate and are difficult to apply in many cases (Levrant, 2009). This aspect of the due process models of consuming too much time makes people go for the other model even though its fairness is not trusted. This document therefore will focus on the areas the two models differ, show similarity as well as propose a ...
In this essay I will be discussing how the formal theory of the rule of law is an erroneous means of establishing laws within a state. A central theme to addressing this is essay is the distinction between formal and substantive theories of the rule of law. In order to reach my conclusion of the formal theory being proven to be insufficient, one must first appreciate the significant advantages which the substantive theory obtains. However, before doing so, I will briefly mention the importance of the rule of law in society and the requirements it needs to fulfil.
Parliament, the supreme law-making body, has an unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus the real role of a judge in any legal system continues to be a phenomenon questioned by many. We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law” . In this essay, I will argue the ways that judges do make law as well as discussing the contrary.
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
The criminal justice system in the United States is an important structure that can primarily be divided into three central divisions Law Enforcement, Courts, and Corrections each one operates separate from the others and yet coincide with the others as well. The criminal justice system is a global phenomenon, not solely bound within the borders of the United States, not a one shoe fits all; each country has created a form of criminal justice system suited to that country’s needs while allowing for cultural, economic, and historical aspects to influence the system’s development and operations. The law enforcement facet of the criminal justice system in any country very significant due to the fact the law enforcement area is responsible for the flow of people into the criminal justice system. Countries around the world have individual and unique approaches on the law enforcement aspect of the criminal justice system and when comparing any country, take Israel for example, to the United States attention to the structure, goals, requirements and personnel, equipment and statistics are necessary.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.