The Way that Law Interacts with Law Enforcement - Essay Example

? Criminal Justice System The criminal justice system is a system which consists of the entire procedure, starting from the arrest of the accused till the sentence for the crime committed, in order to effectuate a procedure for sending the criminal behind the bars. The system has the nutrients of the entire macroscopic which consist of investigation and then punishment of the criminal for the crime committed. In the paper the writer shall analyse how the criminal law works with the criminal procedure and the path taken by the accused starting with the arrest till the time he is convicted for the crime committed. Criminal Justice System “A criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations.” “The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem. These agencies process suspects, defendants, and convicted offenders and are interdependent insofar as the decisions of one agency affect other agencies. The basic framework of the system is provided by the legislative, judicial, and executive branches of government.” (Kirsten DeBarba) The system consists of the crime, the accused, the courts and then the jail where the accused is sent in case he is found guilty of committing the crime. It is the entire paradigm within which the focus lies on finding out the real culprit of the crime and involves various stages through which the accused is sent in order to determine the real cause of the crime committed. There is a certain criminal law which determines the entirety of the criminal justice system, and it is within the law through which the various bodies within the system work collectively. It has various sub-systems, and this paper shall be focussing on three broad categories and then identify the role of each and every body singularly. The bodies are as follows: 1. Law 2. Courts 3. Jail 4. Police Department 5. Prosecution and the Defence The above are broad categories within which the system is divided, and the paper shall focus on the relationship between law and the courts and jail on a collective basis. The paper shall compare each and every element exclusively with law and how it works in the real world. (What is Law Enforcement) Criminal Law: Let us first examine criminal law to understand the law behind curbing criminal activities, and how do we define such activities in the paradigm of criminal legislations. Criminal law has been designed to seek punishment for the crimes which are committed by the citizens of the society, and it has a procedure code which allows for a process to take place in the lieu of providing justice. The law is designed in such a way that it allows for all the crimes which might be committed in the society to fall under its ambit. The law is only the beginning when it comes to curbing the crime, where it is just the starting point in the entire procedure to prevent the crime from happening. The law is a code which contains various clauses designed to punish the wrongdoer in each and every circumstance. (Law Enforcement and Crime) “Criminal law envelops the criminal procedure employed when charging, trying, sentencing and imprisoning defendants convicted of crimes, as well as regulation concerning how suspects are investigated, charged and tried. Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Some subcategories of criminal law include Substantive Criminal law; Criminal Procedure; and the special problems and issues arising in administration and enforcement of criminal justice.” (Crime and Law Enforcement) Courts The courts have a very specific role to play while dealing with law in criminal procedure. It is the duty of the court to be unbiased in its judgement and give both the parties a chance to be heard in essence. Courts usually listen to the prosecutor and the defence, and make their judgement according to the law prescribed. For example, if there is a case of murder, then the Court would look up the section of the criminal code which defines the punishment for murder, only after it is convinced that with respect to the evidence and all the data, the accused did murder the victim beyond reasonable doubt. (Walker, Samuel) “A trial may be held before either a judge and jury (a jury trial) or before a judge with no jury (a bench trial). The more serious criminal trials are held in General Sessions court. The judge or jury must listen to all the facts of the case and decide whether or not the defendant is guilty of the crime. If the defendant is found "not guilty," he will be released from custody. If the defendant is found "guilty," he may be sentenced right then or at a later time. Almost always the judge decides the sentence. Under South Carolina law, the jury decides the sentence only in cases in which the solicitor asks for the death penalty (called "capital" cases).” () A criminal trial is presented before the jury once the accused is nabbed by the police. The Court comes at the stage when it assesses the facts and the circumstances of the case, and analyses the arguments of both the parties. It follows the criminal procedure code which lays down a proper framework for the trial to take place before the jury. After the Court goes through the hearing, it awards a sentence in favour of the accused, or it may leave the accused to be acquitted. Police The police play the most crucial role in the criminal trial at the beginning of the trial. It is responsible for the arrest of the accused. “An arrest involves taking a person into custody for the purpose of holding the suspect until court. Probable cause is the legal requirement for an arrest. It means that there is a reasonable link between a specific person and a particular crime.” (Criminal Justice System) “Investigation of a crime by the police: The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest. An investigation may require a search, an exploratory inspection of a person or property. Probable cause is the standard of proof required for a search. Probable cause means there are facts or apparent facts indicating that evidence of criminality can be found in a specific place.” (Hess, K) The police are responsible for investigating the scene of the crime and unearthing any sort of evidence which might be helpful in determining the true cause of the murder or the crime which is committed. The role of the police is also to examine the witnesses and record their statements which are important piece of evidence used in the trial. Once the accused is arrested, he is then taken to the police custody. At this time the accused is cross examined by the police to establish any information with respect to the crime committed. The police then take him to the court and he is appointed a defence advocate who fights his case. At this time, the trial starts and the court start to examine all the evidence and the witnesses during the pendency of the trial. The accused is then sent back to the custody of the police, this time the custody is known as judicial custody as the court grants him to the custody. “Once the arrest warrant is issued, a police officer will serve it (read and give a copy) to the defendant, the person accused of the crime. If the defendant is in jail, the warrant will be served there. If he is not in jail, a police officer must find the defendant, serve the arrest warrant, take the defendant into custody, and take him to jail. At the jail the defendant will be photographed, fingerprinted, and placed in a cell. Usually, as soon as he can after he is arrested; the defendant contacts his attorney to help him with his defence against the charges made against him.” (Hale, Sandra Beatriz) At the stage when the trial is going on, the accused therefore lives in the jail under judicial custody. Jail The jail plays the role of holding the accused in the custody of the State while the trial is going on. Once the sentence is awarded and the accused is convicted, then the jail plays the role of holding the convict in the custody of the State in order for him to serve his punishment. Therefore, the role of the jail is two-fold where it holds the accused under judicial custody and once the accused is sentenced it serves as his shelter while he serves his punishment before the law. The Jail acts as a house of reform for the convict in the process of making him realise the mistake he made while committing the crime. The jail does to boast of any luxurious items and the point behind keeping the accused/convict there is to serve the harsh climate as a means of punishment for breaching the law and going beyond the boundaries of criminal law. The law states that any person who has been found guilty of committing a crime shall be punished. Jail acts as the tool of law in punishing the criminal, and it also serves as a threat for potential criminals to not commit the crime otherwise they shall be sent to the harsh climate of jail, which is unforgiving and not a suitable place to live one’s life. (Law Enforcement Records Management) Prosecution and Defence Legal systems and trials therein follow two basic methods namely, The Adversarial System of Law and The Inquisitorial System. Most common law countries follow the Adversarial System of law, wherein two parties through their representatives put forward their positions before an impartial individual or set of persons, who attempt to determine the truth and settle the conflict; unlike the Inquisitorial System, where a judge or a group of judges work to investigate ad come to the truth of a case. (Henning, P.J) The adversarial system, works on the premise of a battle to the death or combat. Each party presents their own set of facts, and adduces evidence in support of the same, with each party given the freedom to challenge the others evidence. On hearing all the material placed before them, the Jury forms a judgement. The jury is an impartial body which is a receptor of information. It must be persuaded into or dissuaded from following a particular set of facts and reasoning. The existence of a jury can be traced back to medieval times, when the grand jury was first formed. This grand jury issued reports of criminal acts and prepared indictments. The modern adversarial system however was formalised at the time of the American Revolution, when it was incorporated into the Constitution by the Founding Fathers. The two parties involved in such a system are, the Prosecution and the Defence. (Friedman, D.) A basic rule of the adversarial system is the existence of representation for both the parties. The prosecution used in criminal trials is the party presenting a case against the individual or group of individuals accused of violating legal rules. The prosecution in criminal trials represents the state. The Defence is the party that seeks to defend an individual accused of violating legal ruled from prosecution. In the Justice system, the prosecution and defence become involved when an individual is detained and charges are filed against him. The prosecution and defence are vital to the functioning of the criminal system as it is these two institutions which provide the highest requirement of justice itself i.e. the Principles of Natural Justice. Law is based in the premise that all men must be treated equally, and justice must be free. The prosecution and defence embody the principles that every man must be heard before a decision is passed. The Criminal Justice system, seeks to provide as the name suggests, justice. All societies in order to prevent chaos must create a set of rules enforced by a sovereign authority backed by sanction. Within those norms, are lists of offences or acts which by virtue of their nature are meted with a higher standard of sanctions. These offences are called crimes and make up the criminal justice system. This system, adversarial in its form begins with the very formation of the law, which when broken sets in motion the application of sanction. (Hess, K.) The accused is detained in jail by the instruments of the state, the police;, the matter of his guilt is decided in courts, where he is given a chance to defend himself, aided by the prosecution and defence which culminates in punishment being imposed. This system not only ensures that the basic principles of the constitution are followed but also ensures that the very society we live in functions in the well structured and civilized manner as intended by our forefathers. Works Cited Kirsten DeBarba (2002). "Maintaining the adversarial system: The practice of allowing jurors to question witnesses during trial". Vanderbilt Law Review. p. 55 no. 5 (October 1): 1521–1548.  Hale, Sandra Beatriz (July 2004). The Discourse of Court Interpreting: Discourse Practices of the Law, the Witness and the Interpreter “Criminal Justice System - Structural And Theoretical Components Of Criminal Justice Systems, The Systems In Operation, The Importance Of Viewing Criminal Justice As A System - JRank Articles” Retrieved from http://law.jrank.org/pages/858/Criminal-Justice-System.html#ixzz1bDx537l8 CliffsNotes.com. The Structure of Criminal Justice. 19 Oct 2011 Retrieved from http://www.cliffsnotes.com/study_guide/topicArticleId-10065,articleId-9908.html What is Law Enforcement. (n.d.). WiseGeek. Retrieved October 23, 2011, from http://www.wisegeek.com/what-is-law-enforcement.htm Crime and Law Enforcement. (n.d.). Info Please.com. Retrieved October 23, 2011, from http://www.infoplease.com/ipa/A0004881.html Law Enforcement and Crime. (n.d.). US Dept of Agriculture. Retrieved October 23, 2011, from http://ric.nal.usda.gov/nal_display/index.php?info_center=5&tax_level=2&tax_subject=211&topic_id=1162 Walker, Samuel (1992). "Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969". Justice Quarterly 9 (1) Hess, K. (n.d.). Introduction to Law Enforcement and Criminal Justice . (9th ed.). Criminal Justice System. Get Legal. Retrieved October 23, 2011, from http://public.getlegal.com/legal-info-center/criminal-justice-system Friedman, D. Making Sense of English Law Enforcement in the 18th Century . Retrieved October 23, 2011, from http://www.daviddfriedman.com/Academic/England_18thc./England_18thc.html Law Enforcement Records Management. (n.d.).Intergraph.com. Retrieved October 23, 2011, from http://www.intergraph.com/publicsafety/recordsmgt.aspx Henning, P. J. (2010). The Prosecution and Defense of Public Corruption The Law and Legal Strategies. OUP. Read More