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Law and Social Order. Criminal justice in Canada - Essay Example

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Criminal justice is an arrangement of practices that are aimed at maintaining social control and preventing crime. It also involves implementation of programs to deter criminal activities and setting up other programs for punishment of those who break or violate the law. …
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Law and Social Order. Criminal justice in Canada
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In Canada, the criminal justice system stabilizes the objectives of crime control, prevention and protection of citizens’ rights (Grossman & Roberts, 15). The general justice system consists of three branches; legislative, adjudications, and finally corrections. The above three branches are very important in the criminal justice system, the legislative branch deals with the process of making laws that govern the country and assist In the implementation, of justice, in the country. While the adjudications part is where judgments are passed, and justice is accomplished, the corrections include jails and other probation facilities. Offenders are taken to the places whenever they are found guilty, one stays in the correctional facilities depending on the magnitude of one’s case. The police enhance the activities of criminal justice systems; they are the first individuals who are contacted when citizens have any problems. The courts serve as avenues where disputes are settled and whomever, the judge in this case passes judgment and has the final say in the court.The criminal justice system is obliged to main functions, which all aim at protecting the society. It aims at controlling crime, preventing criminal activities from occurring now and then and finally maintaining justice In line with the laid down rules or the constitution (Klein, 695). The society makes it task of the institutions of the criminal justice system to control, prevent crime and maintenance of justice; law enforcement, courts and corrections. The police are responsible for law enforcement at both local and state levels. Discretion is judgment and judgment is exercised by applying ethics and values to facts. Actors in the criminal justice system substitute their judgments for formal statutory punishments in order to influence criminal justice system by the means. It allows judges to create their own judgments depending on their own views even if these judgments are not in line with the rule of law. Criminal trials in Canada are done either before the judge alone or before the judge and jury. Although discretion is especially important in the criminal justice system, it can be abused. Some judgments are made wrongly, and the victims end up being charged for the crimes they did not commit. This is very common in the many courts where the judge makes a judgment without proper evidence and from hearsays. The police can abuse discretion by arresting a suspected criminal and putting them in jail for a crime not committed (Canadian Bar Association, 5). Although they are aimed at protecting the people of the community, they should have good evidence before making a claim. Law enforcers sometimes term investigations as a waste of time and money and the suspects are pushed to courts to be punished. The criminal justice system utilizes discretion to lessen the pressures they have in their system. The agencies are allowed to make decisions depending on the weight of the crime convicted; most of them are placed on home correction in order to avoid the congestion of jails and other correctional facilities. Therefore, most of the times discretionary decisions are based on the limitation of resources. However, not all discretionary decisions are based on this; they can also be based on politics, for example, police crackdown activities in search of something. Some people, however, argue that the use of discretion in the criminal justice system is not fair as some cases are withdrawn without a proper basis. They say that equality should be observed in the passing of judgments and that all cases should be treated in the same manner. This should not be the case because one cannot compare drunkenness while driving and a person who has been ...Download file to see next pagesRead More
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