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Criminal justice system in the usa
Criminal justice system in the usa
The role of policing in society
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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.
Police officers have a substantial amount of responsibilities that are required to be upheld on an everyday basis. They are said to be the “front-line soldiers” in the criminal justice system (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2) meaning they’re the first in the government to have face-to-face communication with the potential offender. “To Protect & Serve” is a broad motto that sums up the duties of a good police officer. Their role begins when a report to the police is made, actions or suspicions of a crime is present, and/or following an investigation made by the law enforcement (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2). Typical tasks officers are engaged in are: to preserve the peace, prevent crime, enforce the law, investigate crimes, lay charges, etc (Fleming, Ramcharan, Dowler, de Lint, 2007, p. 105) but there is more to what is generally mentioned by the public, online sources, articles, books, and even the police themselves. Officers not only conduct a criminal investigation, but they also decide whether or not to proceed with obtaining an arrest which is a serious step in the justice process (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2 & 4). Authors of The Canadian Criminal Justice System (2007, p. 4) states that because it is impossible to convict every single person who has broken...
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...ire justice system (Reece, 2014). That includes juries, witnesses, prosecutors, and defence lawyers. In the Provincial Superior Court there's courts of appeals (Reece, 2014). Their role in the system is to go over the statutes and cases to make sure no errors were present in terms of fairness (Reece, 2014). The provincial appeal courts always contains 3-5 judges, no juries, and has private deliberations (Reece, 2014).
The Federal Court of Canada doesn't hear criminal court cases. They only hear the cases involving legal actions against the federal government and agencies (Reece, 2014). A few examples of cases that would be tried in a Federal Court would be any case that involves immigration issues, tax fraud, bank robberies, etc. There’s also the Federal Court of Appeal. Their role is to make sure that the federal law is interpreted at all times throughout Canada.
In 1759, the Canadian Court Justice system was brought to Canada by the French. After the battle of Quebec, all of Canada then followed the English common law system except for Quebec 1. Based on my understanding and knowledge of N. Christie’s arguments and the Canadian court system, I believe that Christie’s criticism of modern legal system is fair and it effects our current court system today.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
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.
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.
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
This essay will discuss the role of the criminal justice professional in serving both individual and societal needs. It will identify and describe at least three individual needs and three societal needs, in addition to explaining the role of the criminal justice professional in serving each of these needs. Illustrative examples will be provided for support.
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
There are basically four levels of court in Canada. First there are provincial/territorial courts, which handle the great majority of cases that come into the system. Second are the provincial/territorial superior courts. These courts deal with more serious crimes and also take appeals from provincial/territorial court judgments. On the same level, but responsible for different issues, is the Federal Court. At the next level are the provincial/territorial courts of appeal and the Federal Court of Appeal, while the highest level is occupied by the Supreme Court of Canada.
Throughout America there are 50,000 agencies that help keep us safe, and put those that can harm us away. Those agencies consist of the police, the courts, and corrections (Bohm & Haley, 2014, 7). Together they are commonly referred to as the criminal justice system (Bohm & Haley, 2014, 7). All three types of agencies each have a particular role that they play in order to keep us safe. Although they swing the hammer, it is also society’s job to help by letting officials know what is happening and what is wrong. In society we also need to keep as many of us out of the system by using social norms and knowing what is right and wrong.
For one to answer this question, it will be important to examine the roles of the police in Canada, and according to Howard (1997) the following are police roles in Canada1.Crime control, responding to and investigating crimes and patrolling the streets to prevent offenses from occurring;2.Order maintenance, preventing and controlling behavior that disturbs the public peace, including quieting loud parties, settling domestic disputes and intervening in conflicts that arise between citizens;3.Service, the provision of a wide range of services to the community, often as a consequence of the 24-hour availability of the police, including assisting in the search for missing persons and acting as an information/referral agency. Base on the roles