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History of criminal justice system
History of criminal justice system
Criminal justice court system
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Within every country there must be a system created to maintain as much peace as well as order within the country. This is done by laws and rules. There is the system called Criminal Justice Systems. Within this system it states: “a series of organizations involved in apprehending, prosecuting, defending, sentencing, and jailing those involved in crimes - including law enforcement, attorneys, judges, courts of law, prisons(Dictionary.com, 2014).” There are many levels that are brought to light in order for each country to create their Criminal Justice Legal System those suites their country. Some are based on traditions while others are created on history. Therefor with the understanding of what the Criminal Justice System is as well as what …show more content…
basis the creation of a particular countries Criminal justice system then this information is used in co-ordinance of the comparison of two particular countries. Take the two countries such as Japan and Greece. These are two completely different countries and yet they are somewhat similar. They both have their own way of creating laws and handling crimes as many countries do. Laws are based on historical events, laws and rules and updated to stay current with the changing of their societies, economy and culture changes. Greece When one might think of Greece they think of site seeing as well as the culture comes to mind.
The beauty of Greece is what people are going there to see. People do not think of the laws when they are traveling from country to country. However, Greece is much like any other country, they have rules and laws that are to be followed and those that do not abide by the laws will be punished. Greece uses the Civil Law Tradition for their court of law with the Procedural Process. The history of the law on Greece is prevalent in continental Europe; which has evolved from the Roman Law and Justinian’s Corpus Juris Civilis as well as codes such as the Napoleonic Code Civil of 1804 and the German civil code. German civil law is the one that has most affected countries that use the Greek legal system (Kelemenis & Company, …show more content…
2012). In 1968 the Code of Civil Procedure (CCP) also known as [Kodikas Politikis Dikonomias] was enacted to regulate the Civil Laws in Greece.
Since then CCP has undergone various revisions. CCP relies heavily on the principle of the parties’ initiative (i.e. courts do not exercise any case management of the kind known to common law jurisdictions and all procedural steps are to be taken, as a rule, by the parties rather than the court); and on the principle of concentration (i.e. there are no pre-trial proceedings and all allegations and evidence are first submitted at the trial stage) (Kelemenis & Company, 2012).
The (GCCP) also known as the Greek Code of Criminal Procedure; basic statute governing the procedure carried out before Criminal Courts. Numerous provisions of the Greek Constitution -which directly include applicable procedural law-as well as provisions of the European Convention on Human Rights and its Protocols and those of the International Covenant on Civil and Political Rights complement the GCCP provisions (Anagnostopoulos Criminal Law & Litigation, 2012).
With this section that was written by Walter A. Bordenn, MD in the article named “A history of justice: origins of law and psychiatry” it states
below: “Justice Oliver Wendell Holmes in 1881 in The Common Law 46 wrote: "It may be said, not only that the law does, but that it ought to, make the gratification of revenge an object. …The first requirement of a sound body of law is, is that it should correspond with the actual feelings and demands of the community, whether right or wrong. If people would gratify the passion of revenge outside of the law, if the law did not help them, the law has no choice but to satisfy the craving itself, and thus avoid the greater evil of private retribution." The circle completes, from Athens to Rome to London to Washington. But this leaves us approaching the year 2000, asome mere 5400 years from Johan Weyer, and 150 from Isaac Raystill, still emerging from the Dark Ages, technologically enlightened, but with justice just partially tamed (Bordenn, MD, 1999, p.12-14) .” It would seem that with the changing of the world that cultural will play a part in the laws just as they had done in the Roman times. They used philosophy and economy to help create the laws. Japan Conclusion Although Greece and Japan are different they seem to be somewhat on the same page. Both countries do believe in humanity, socialism, culture and international respect. Both countries culture is so different however they both try to do what is in the best interest of the country as well as the people. One would not think that since they do not have the same beliefs and culture is one is accustomed to. Both countries have long historical events that have occurred that has brought forth the laws that they have like any country updated to suite the current situation and culture. The world is changing and the countries try to keep up with the change so that when tourists came through the international laws and their own laws can somewhat coincide.
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
Scull, Andrew. “Moral Treatment Reconsidered: Some Sociological Comments on an Episode in the History of British Psychiatry.” In Madhouses, Mad-doctors and Madmen, edited by Andrew Scull. 105-121. Philadelphia: University of Pennsylvania Press, 1981).
Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73.
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
My first exposure to the criminal justice system was while in high school when I was fortunate to be chosen for an internship with a District Judge John Vance in Dallas, Texas. Judge Vance made certain I had a rich and varied experience. He had me to sit in on several high profile cases in his court and to participate in preparing cases for trial with a prosecutor and defense attorney. In addition, he encouraged me to visit other courtrooms and courthouses to observe the proceedings. This along with him coordinating visits at local jails and law enforcement agencies gave me a broad and well-rounded perspective of the criminal justice system. I recall fondly, sitting in on closing arguments at the federal courthouse; the prosecutors practiced
In order to keep a safe society, it is important to establish a nation with
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Teff, H. (1998) Liability for Negligently Inflicted Psychiatric Harm: Justifications and Boundaries, The Cambridge Law Journal 57,1, 92
Common law comes from judges’ decisions. The courts have developed principles controlling the contract formation, performance,
State of U.P examined in detail the purpose and object of Section 162 of Cr.P.C. According to the Apex Court, the legislative intent behind this provision was to protect the accused person from police officers who would be in a position to influence the makers of such statements, and from third persons who would be inclined to make false statements before the police. This is a highly laudable objective and is truly reflective of the attempt to ensure fairness in the process of criminal investigation. Voluminous case law has built up on these two sections over several years, the effect of which has been to underline the following legal