An Overview of Criminal Justice Systems - Assignment Example

? An Overview of Criminal Justice Systems An Overview of Criminal Justice Systems The understanding of criminal justice systems is important because laws that are applied to those accused of committing crimes must be fair. Law enforcers such as the police; appellate and trial courts; custodial institutions such as jails, reformatories and prisons; correctional departments that offer parole, custodial and probation functions; parole and probation offices; and public defender and prosecution offices need to understand the criminal justice systems very well so that they can ensure that fairness and justice indeed prevails. More often than not, cases have been heard where members of the public feel that someone was wrongly convicted or denied justice (Guinchard & Buisson, 2011). A problem therefore exists as a result of not understanding the criminal justice systems well and sometimes misinterpreting the defined rules and limitations. Prosecution and investigative powers accorded to law enforcers should not violate or abuse the rights of those who have been accused of crime (Friedman, 2003). In fact, those accused of committing crimes are protected by the law against any form of abuse from prosecution and investigatory powers (Hanes & Hanes, 2005). Therefore, criminal justice systems need to be clear and easy to understand so that they can ensure fairness and justice to all. Introduction Criminal justice has been described as the application and study of laws concerned with criminal behavior. Lawyers, the police and those working in the judiciary study criminal justice to understand the systems of criminal justice that are used in their jurisdictions. A criminal justice system is simply a set of social and legal institutions that enforce the criminal law in accordance with a predefined set of procedures, rules and limitations. This presentation seeks to demystify criminal justice systems with the aim of understanding the roles of different parties and the level that these parties are involved during prosecutorial and investigative stages when one has been accused of a criminal offense. This paper provides an overview of the criminal justice system and answers some pertinent questions that will help in the understanding of such systems. As seen earlier, a criminal justice system consists of practices and government institutions responsible for promoting social control, mitigating and deterring crime and giving sanctions to all those who violate the law with rehabilitation efforts and criminal penalties (Guinchard & Buisson, 2011). Different jurisdictions may have different criminal justice systems but they should all be driven by the need to ensure justice and fairness prevails for all. The main objectives of any criminal justice system should be to control and mitigate crime and adequately deal with those that have been accused of committing crimes so as to protect their rights and those of other citizens (Walker, 1980). An Overview of the Criminal Justice System The criminal justice system is made up of three main parts. The first part includes the legislative which is responsible for the creation of laws to be applied within a certain jurisdiction. The second part is referred to as the adjudication and it is made up of the courts that are responsible for applying the law to decide whether a person who has been accused of committing a crime is innocent or guilty (Friedman, 2003). The third part of a criminal justice system is the corrections which comprises of correctional and custodial facilities, including probation, parole, jails and prisons. These distinct entities and agencies work together under the rule of law so as to maintain this rule of law within any given society (Walker, 1980). It is in these parts of the criminal justice system that the police, district attorney, defense council and the judges or magistrates are found. Each of these parties has their own distinct roles and responsibilities within any criminal justice system (Sunga, 2000). Investigative and Prosecutorial Stages of Interactions with Criminal Defendants During investigations, a criminal defendant will interact with police who will carry out investigations to establish facts about criminal offenses. The police can investigate whether the criminal defendant is in their custody or not (Walker, 1980). Once police have established facts about a certain criminal offense, they forward the case to the office of the district attorney who will review the evidence and facts presented to him or her and determine whether to approve the charges for prosecution (Friedman, 2003). The district attorney may interact with the criminal defendant both at the investigative and prosecutorial stages. When a person has been accused of committing a crime, the district attorney can conduct further investigations so as to determine whether the case is worth moving to prosecution or not. The district attorney assists the police in conducting criminal investigations and also prosecutes those accused of criminal charges and breaking the law. The defense council interacts with the criminal defendant at the prosecutorial stage so as to defend them from the accusations and make them understand their rights as accused persons (Walker, 1980). They also protect them from any form of injustice from the legal system. The defense council may also contact witnesses so as to substantiate evidence that will be used to defend the accused. The judges interact with the criminal defendants when they have already been prosecuted and arraigned in court. Roles of the Police Officer, District Attorney’s Office, Defense Council and Judges The police play a crucial role in the criminal justice system. One important role of a police officer is to arrest an individual whom he or she feels has committed a violation, misdemeanor or felony. The police are generally responsible for preventing crime and responding to it. They do this by making arrests, recommending charges and conducting investigations into crimes (Sunga, 2000). A police officer will be involved as his or her case goes through the criminal justice process. He or she may be required to testify in a court of law. Police are charged with the responsibility of providing community safety services, crime prevention services and law enforcement services to communities. They are also responsible for maintaining law and order and ensuring that the people follow both federal and provincial laws. The police provide support to the communities they serve (Friedman, 2003). They protect their communities from harm by watching out for criminal behavior with the aim of preventing it. When crimes are committed, it is the responsibility of the police to respond to them and ensure that those who committed these crimes or have been accused of committing these crimes are taken to court. This is to determine whether they committed the crimes or not so that legal action can be taken. Generally, in the criminal justice system, the police assist and question witnesses and victims and other people who can give useful information about a crime. The police also investigate reports of crime and prepare reports and evidence for arrest. They make recommendations based on the evidence gathered and can also be required to testify in court (Sunga, 2000). The district attorney’s office is also very crucial in the criminal justice system. A district attorney is a representative of the government when criminal offenses are being prosecuted. A district attorney is either appointed or elected and his office is the highest within the legal department of his jurisdiction (Friedman, 2003). One role of the district attorney’s office is to assist the police in conducting criminal investigations. This office also prosecutes those accused of criminal charges and breaking the law. A district attorney works within a particular district to represent the government in criminal proceedings (Sunga, 2000). This is different from the attorney general who oversees the entire nation. The district attorney’s office receives cases or reported crimes and reviews the evidence and facts so as to determine whether to approve the charges and prosecute (Guinchard & Buisson, 2011). The defense council is also very important in any criminal justice system. This counsel explains to its clients exactly what is happening and it ensures that each defendant is fully aware of their rights and of what is happening during the case. The defense council is made up of lawyers who ensure that the client’s rights are protected and that they receive the protection afforded to them by the law (Friedman, 2003). The defense counsel deals with the prosecution on behalf of the client and also calls and examines any available witnesses in court. The defense counsel is generally meant to protect the client from any form of harm and to minimize damage. The defense counsel challenges the prosecution’s case with the aim of defending the accused. Defense lawyers have to ensure that they make citizens understand their rights and legal obligations (Sunga, 2000). The role of judges is to interpret the law and to ensure that it is upheld in any situation. The judges are required to study and understand the law as laid down in the constitution. They must be able to interpret the law and determine whether someone is guilty of an offense or not. Upholding the law involves determining whether the people who are accused of crimes are guilty or not (Sunga, 2000). When the Prosecutor’s Office should be involved The prosecutor’s office is involved when the police have arrested a person that they believe is guilty of having committed a crime. The prosecutor’s office is responsible for reviewing the evidence and facts of the case provided so as to determine whether it is worth being prosecuted or not (Friedman, 2003). Is the involvement of a prosecutor a good idea at the initial stages of a prosecution? The involvement of the prosecutor at the initial stages of the prosecution is not a good idea because the evidence and facts may not be sufficient. The prosecutor is usually involved when adequate investigations have been done and it can be proved that the accused is indeed guilty of the crime that he or she is said to have committed (Fuller, 2005). Can a defense attorney ever become involved in a case prior to arrest or indictment? A defense attorney can be involved in a case prior to arrest or indictment because the person being defended has already been accused of a crime. The defense attorney is supposed to make the accused person understand his or her rights so that the person is not abused in any way by the proceedings of the case. The defense attorney can be involved immediately when someone is accused of committing a crime (Fuller, 2005). When does a judges or magistrate’s function begin? The function of a judge begins when an accused person has been arraigned in court with sufficient evident against him or her. When someone is accused of having committed a crime, investigations are carried out to determine whether the accused has a case to answer or not. If found to have a case to answer, the accused person will face the judge in a court of law so that the judge can hear the case and review the evidence in line with the law so as to determine whether the law was broken or not (Fuller, 2005). The function of the judge begins when there is enough reason to arraign someone in a court of law when he or she has been accused of a crime. The judge is responsible for hearing the case of the accused and reviewing the evidence so as to make the final judgment and issue the penalties (Friedman, 2003). Sources of criminal law Criminal law is known to originate from several sources. These include common law, constitutions, statutes, ordinances, administrative law and appellate court decisions. Common law refers to the laws created by judges which ruled that certain actions such as crime, murder, rape and arson deserved punishment. Constitutions are the supreme laws of a country that everyone is bound by. Statutes and ordinances are laws created by state legislatures and congress. Appellate court decisions are the legal opinions that have the status of the law. References Friedman, L. W. (2003). Crime and Punishment in American History. New York: Basic Books. Fuller, J. R. (2005). Criminal Justice: Mainstream and Crosscurrents. Upper Saddle River, NJ: Prentice Hall. Guinchard, S. & Buisson, J. (2011). Criminal procedural law in France (7th ed.). New York: Lexinexis. Hanes, R. C. & Hanes, S. M. (2005). Crime and Punishment in America. Farmington Hills, MI: Thomas Gale. Sunga, L. S (2000). The Emerging System of International Criminal Law: Developments in Codification and Implementation. The Hague: Kluwer Law International. Walker, S. (1980). Popular Justice: A History of American Criminal Justice. New York: Oxford University Press, Inc. Read More