A Meticulous Review of the Criminal Division - Research Paper Example

? Altered form of the Justice System: A Meticulous Review of the Criminal Division al Affiliation With thepassage of time, the changes which have now been brought in the administration of a state are vast in number. These changes are both negative and positive in nature. Amongst these changes the various affects caused are on the criminal justice system. In this research paper various problems of the criminal justice system have been addressed and discussed. Their details and their causes have been provided for study. Other than this a brief view of how these changes can be eliminated so that a organized and peacefully state shall be acquired, are mentioned. Table of Contents Abstract……………………………………………………………………………2 Table of Contents………………………………………………………………….3 Introduction………………………………………………………………………..5 Justice System: Definition and Explanation……………………………………….6 Criminal Justice System…………………………………………………....6 Discussion………………………………………………………………………….7 Problems in the Criminal Justice System………………………………….7 Moral Deceit……………………………………………………8 Biasness and Nepotism…………………………………………8 Financial Gains and Voraciousness…………………………….8 Illegal and Fraudulent Practices………………………………...9 Ethical, Cultural and Religious Prejudice……………………....9 Political Pressurization………………………………………….9 Inadequacy in Education………………………………………..9 Solutions for the Problems………………………………………………..10 Selection Criteria and Vigilance……………………………….10 Provisions of Rewards………………………………………...10 Establishing of Probation Centers……………………………..10 Elimination of any Political Pressures………………………….11 Creating Awareness…………………………………………….11 Rights of Minorities…………………………………………….11 Result……………………………………………………………………………...12 Altered form of the Justice System: A Meticulous Review of the Criminal Division From the administrative point of view we can elucidate that a state is composed of three major parts. These organs include the Legislative, the executive and the judiciary. These three are considered to be the most important parts that govern a state and together their job is to make sure a region remains organized. Various duties have been divided amongst these authorities of the government. The job of the legislative authority is to perform all sorts of legislation, i.e. the law making processes and formulations. The obligation of the executive authority is to make sure that these formulated laws are implemented and regulated in such a way that the required purposes are served. Thirdly, the responsibility of the judicial authority is to execute sanctions regarding the various provisions of law following or violation. Through these various steps, these managements make sure that the state remains in such an order where people can live their lives with peace and organization. Thus, the idea of such a state us presented by Stein (1977) when he describes a state which is controlled as certain and prevailing like the current science. Hence, in a state or territory where people live an organized life; violence would be avoided, the environment would remain subtle and calm, people would be at peace and the crime rate would be at such a rate which would hardly even affect the society. In my perspective, such a state exists in ‘Utopia’ probably, because the fact that every state faces various challenges related to all aspects of the community cannot be left un- noticed. It is true that perfection can be gained but only after the negative factors are either eliminated or reduced, not because they don’t exist from the beginning. Gargan (2005) believes a well established state can cope with both existing and emerging problems, thus, it is a fact that all the authorities of a state have to face a large number of problems. These problems are a part of the process of establishment and shall be worked out on time. Justice System: Definition and Explanation In the current state of affairs, it has come to the notice of various researchers that a large number of problems are originated in all three above mentioned working authorities. As the authority under discussion and study in this paper is the ‘justice system of the state’ hence, we rather study and analyze the problems which are being faced in the judicial or the justice system. In this study, research problems which are to be evaluated are specifically related to the justice or the judicial system. It is believed that if these problems are not eliminated from the state, they can lead the entire region towards havoc. Hence, if we need to diversify this fast paced chaos it is necessary for us to understand what the justice system actually is and what role it plays in a society. According to my point of view the characterization of the term ‘justice system’ can be put forth as ‘such an organization or arrangement of methodological practices and regulations which aims at gaining social control and organization by provision of rights and responsibilities to the people is called a justice system’ Criminal Justice System To study this system under a narrowed research and evaluation, we rather understand what the ‘criminal justice system’ is, its structure and how it functions. The role of the criminal justice system is to perform and provide social control by preventing acts of crime in a society and by implementing and formulating sanctions. The criminal justice system is the organization which makes sure than anyone who violates the law is taken into consideration and is apprehended. Gibson, Cavadino and Faulkner (2008) have stated that the working of the criminal justice system relates to “encompass the chain of events, activities, tasks or functions that continue the official response to perceived problems of law and order.” Hence, this system enforces laws though institutions. The various agencies of processing include the police, courts and correction offices. Some general problems through which the justice system is going through include unavailability, cultural and religious barriers, affordability, adequacy issues and inappropriateness of the working provided. Discussion It has been mentioned above that the criminal justice system has now been targeted by many problems. We can’t really walk alone in the streets if we are late from office, or school or any other task. Why is this so? This is due to the problem that has been increased so much in the state that people have started to back down from routine chores and duties. This is due to the fact that people feel insecure mentally as well as physically, they do not feel like their rights are being safeguarded and they don’t even bother going to the courts anymore to beg for righteousness. What is the reason behind such a dreadful condition? Is it because of the lethargy of the judiciary? The answer is yes! What else has to be forth us so that we will confront the truth? The seed of corruption in the criminal justice system is what shall be blamed, as Transparency International (2007) stated its view that citizens do not get their rights to equity due to the corruption in the judiciary. Problems in the Criminal Justice System Hence, we can validate that due to the corruption in the judiciary, this authority is unable to work properly and help the society remain organized. It is also the reason why the judiciary can no more keep the society from moving towards deviancy and social break down. To understand how the problem of corruption is affecting our criminal justice system it is necessary for us to understand what is causing this issue. Therefore, given below are the causes of corruption in our criminal justice system and the detailed discussion of how they have spread deeply in the roots of the criminal justice system. 1. Moral Deceit: The most important cause of corruption in the criminal justice system is the issue of moral deceit amongst various working leaders and employees of this sector. These people who are running the judicial system do not care about it structuring or function according to the ethics and law. Due to the readiness of these corrupt leaders to fraud and deceive others any time at any moment the criminal justice system is stuck in the state of delusion. 2. Biasness and Nepotism: The second significant factor which determines that the criminal justice system is corrupt is the presence of biasness and nepotism amongst its management. The authorities are in favor to provide justice to those to whom they are related. They support those judges and officers who follow this pattern and if they don’t they are fired or transferred. 3. Financial Gains and Voraciousness: For personal gains and greed to access money as much times as they can, the authoritative people of the criminal justice system are ready to fight cases and defend criminals who are guilty and blameworthy for the acts of violation of law. As Burke and Cooper (2009) have stated that the ravenousness of an individual stimulates the need monetary gain. 4. Illegal and Fraudulent Practices: Hence, the above need to gain as much money as possible compels these people towards illegal acts which they themselves commit and fraud others. Thus, it makes them incapable of providing criminal justice to the state. 5. Ethical, Cultural And Religious Prejudice: Another major cause of corruption in the criminal justice system is the ethical, cultural and religious prejudices. People belonging to certain castes, or religion or creed are not provided the facilities which are provided to those belonging to others. Hence, this cause is the major source of unrest in the working of the criminal judiciary system. 6. Political Pressurization: This does not mean that in a corrupt judicial system a bunch of thieves are operating the entire system. As we all are well aware that many political leaders have full or little control of the judicial systems, due to which they pressurize these systems to make decisions according to what they want and how they prefer. Hence, many a times it happens that the wrong doings happen in the criminal justice system as the juries are pressurized by the government. 7. Inadequacy in Education: Another reason behind the major problem of corruption in this sector is the inadequacy of education of the judicial members. Due to a heavy consistency of nepotism in this sector what happens is that ineligible workers are hired and are posted at jobs, which is why they are unable to perform well and cannot priorities properly. Solutions for the Problems After the provision of the above problems, we can validate that these problems as mentioned before are temporary. This means that it is not impossible to eliminate them from the state. In any democratic state where the people have the say, any problem can be easily eliminated and any change can be effortlessly brought. Therefore, being a part of the state it is our responsibility to eliminate such problems so that we can live in a society where which is trouble free and organized. Hence, in my perspective some of the steps which can be taken in order to eliminate these problems from the criminal justice system are provided below. 1. Selection Criteria and Vigilance: It is necessary for the management authorities to keep a vigilant check on the processes of the selection of various employees at the criminal justice organizations and to make sure eligible people are selected. 2. Provisions of Rewards: Rewards shall be provided to those workers who work honestly and hardly instead to those who work by defrauding others. Through this a sense of motivation will be produced in them. 3. Establishing of Probation Centers: Probation centers shall be established in order make sure that the people who are already in the police or court custody are improving rather than continuously falling deep into the ocean of trouble. The criminal justice system can be improved from the core by making sure that it is doing what its job is and not wasting its time in favoring others and using people for personal biases. This can be done when the people make sure that the judicial authority is working on improving the criminal records of the state instead of working for personal gains. Also, when this will be done the offenders will automatically be corrected due to the fear of getting into the hands of the criminal justice providers and workers. 4. Elimination of any Political Pressures: Any sorts of political pressures shall be eliminated and the judiciary shall be established as a free and independent organization to make sure that the state is functioning properly without any law violation. 5. Creating Awareness: Awareness shall be created amongst the people of the society and they should be let known of the importance of the working of the criminal justice system. Through this when the people would be well aware of their duties they would also play a vital role in eliminating corruption. 6. Rights of Minorities: Equal rights to the services provided to the minorities in the criminal justice system shall be maintained. This refers to the fact that the people belonging to other cultures or religions should be provided equal treatments in the court of law. Result Hence, after the above steps have been taken into consideration, it can be made sure that the criminal justice system which is currently facing a large number of problems due to the factor of corruption will be improved and bettered. But basing our efforts on the fact that our state would be corruption free is useless. Every state is corrupt on various levels, what matters is not how corrupt it is, but how strong the people are to eliminate this corruption. Sahebu (2009) verified that “corruption is there in almost every country. Only some are less corrupt and some are knee deep and some are neck deep. ” References: Burke, R.J. & Cooper, C. (2009). Research companion to corruption in organizations. Massachusetts, MA: Edward Elgar. Gargan, J.J. (2005). Handbook of state government administration. New York, NY: Marcel Decker. Gibson, B., Cavadino, P., & Faulkner, D. (2008). The criminal justice system: An introduction. Hampshire, Hants: Waterside Press. Sahebu. K.M. (2009). Our journey to knowledge society. Banglore, IN: Shri Shri. Stein, L. (1977). Work or labor. Ney York, NY: Arno Press. Transparency International. (2007). Global corruption report 2007: Corruption in judicial systems. Cambridge, MA : Cambridge University Press Read More