American Criminal Justice Systems - Research Paper Example

Completion: Topic American justice system: a true system or a true non-system? The American Justice System is a true judicial mechanism because these are set by rules and judicial procedures that are founded on its national constitution and bill of rights. Based on set of rules, it takes into accounts the code of respective federal states, codes, implementing regulations, rulings of courts, and imbued with judicial processes. As a mechanism, it has major steps in criminal cases as cited below: a. Conduct of police investigation to gather evidences, identification of suspects and undertaking arrests. Upon determination of probable cause, the court may conduct search and seizure of specific properties based on alleged proofs or facts indicating that crime indeed happens in specific places (Smith, 2012); b. Arrest done by police authorities of suspected persons for custodial investigation based on probable cause determine by court of jurisdiction to reasonably ascertain the relation of the arrested person to the alleged commission of crimes; (Smith, 2012); c. Conduct of prosecution of a criminal defendant at the district attorney’s office based on evidences and factors in consonance to the gravity and seriousness of crime allegedly committed (Smith, 2012); d. Indictment which is judicially executed by the grand jury upon filing of sufficient information to the office of the prosecutor based on the Federal Rules of Criminal Procedures. Based on the Miranda doctrine, the defendant can choose to have a lawyer of his choice or be afforded by the state for legal representation during hearing (Smith, 2012); e. Arraignment by judge before trial to know whether accused enters a plea of guilty or not guilty (Smith, 2012); f. Pre-trial detention and availing of bail (Smith, 2012); g. Plea bargaining between defense lawyer and prosecutor (Smith, 2012); h. Conduct of trial and rendition of decision based on adjudicatory function of the court. Guilt is determined by judge or jury with the participation of prosecutor and defense lawyers. In criminal court, the judge will render conviction based on evidences and determination of guilt beyond reasonable doubt (Smith, 2012); i. The judge convict by rendering its sentence when guilt is determined (Smith, 2012); j. Depending on the result of the trial and the satisfaction of parties involved, an appeal may be filed to appellate court. When the latter reverse decisions, the case will be remanded to lower court for retrial (Smith, 2012); Following the September 9/11 incident, United States broadened the function of the criminal justice system to make the system as tool of national power for anti-terrorism – inclusive of military intelligence operation (Russo, 2012; Bureau of Justice Assistance, 2000; Cohn, 1978). Authorities believed that this is an effective tool in reducing the capacity of the terrorist group operating within and external of United States. The state has proved that the criminal justice system is good for generating accurate and reliable information to crack the network of terror groups (Russo, 2012; Bureau of Justice Assistance, 2000). 2. Examine the three components of the American Criminal Justice System. Find an issue for each component that you think needs to be addressed to make the system more effective. Devise a solution for each issue and explain your solutions. The three categories of the American Criminal Justice System are federal, state and military (Smith, 2012). Added to these are subcategories which include adult and juvenile cases. Each of these has three major components. The first component is law enforcement. This is perceived as the most important part because this cover enforcement of laws and application of investigations and arrest of persons who are culpable under the laws of the state, the federal and the military (Smith, 2012). Law enforcements include filing of charges and putting the convict under reformation to change its behaviour before it’s reintegrated in the society after serving its court sentence (Smith, 2012). Some issues hurled against law enforcers are their lack of capacity to relate with the community. This can be resolved by training them to improve their communication and correlation with their respective service community. The second component is the court that is mandated to uphold justice. Such include the prosecution of criminals or defense for the innocents with the participation of judges and juries (Smith, 2012). The judge hears and adjudicates cases based on rules and merit of the case. Some trials are heard in a sala of a judge only while others require the presence of a jury composed of 12 persons (Smith, 2012). The jury may also recommend the sentence that should befall to the guilty but this is conclusively done by a judge based on the penalties enshrined under the criminal law (Smith, 2012). The court is often question on the basis of fairness in its decision-makings. Some of those convicted would argue, albeit decisions, that they are innocent on the allegations. This can be remedied by availing all judicial measures available in the appellate court (World Bank, 2008). The third component of criminal justice is corrections to administer sentences rendered by the judicial body. The correction system includes the penology, probation officers, parole officers and the officials of correction (Smith, 2012). They are mandated by law to ensure that the penalty imposed to convicts are met and enforced. Among the many issues of faced in this bureau is the increasing number of convicts and responses needed to ensure that their welfare is considered albeit the meager budget for sustenance of those imprisoned (Smith, 2012). Aside from this, there are also ethical dilemmas posed for those who are undertaking medication while under the care of penology e.g. convicted recidivist drug addicts. Issues on the nature of medication are confused with ethical dilemma whether consent is required from the felon or this is the discretion of the authorities of the court. This is widely debated amongst legal luminaries and the court needs to settle that what is allowed legally and within the professional standard of medical practice as well. 3. Compare the American Criminal Justice System with other country. What are the other differences between the system (police, courts and corrections). Explain which system you think is more effective and explain what aspect of the other country’s Criminal Justice System can make the American system more efficient. The South Korean criminal justice system is different from the western in the sense that they have different system of governance, culture, and historical influences. Korean laws are influenced by Chinese Qin, Wei, and Tang dynasties in 918-1392 and by the Ming Code in the Choson Dynasty in 392-1910 (World Bank, 2008). Western influence only came in at post Choson Dynasty following Japanese control. Hence, there are bits of Continental Law and Anglo-American (1945) in some of its provisions (World Bank, 2008). However, Confucianism values manifested more traditional influences in their criminal law (World Bank, 2008). In contrast, the American criminal system is influenced by European civil law tradition and is codified as laws for inquisitorial causes. Korean criminal law was formally done when laws were legislated e.g. Criminal Code (1953) and Code of Criminal Procedure (1954) with substantive retention of the basic principles and procedures of continental jurisprudence (World Bank, 2008). Like Americans, the Korean Code of Criminal Procedure (1954) rules the dispensation of criminal justice. It adapted the western concept of judicial warrants, conduct of preliminary investigation, managing the criminal justice system with state appointed counsels; adaption of the principle of ‘proof beyond reasonable doubt’, and the necessity to corroborate evidences from testimonies of witnesses (World Bank, 2008). South Korea have not enforced compulsion to its law enforcers are not compelled to legal precedence or by decisions rendered by court when dealing with other cases (World Bank, 2008). Accused of espionage cases have still limited time with their counsels except when written documents are to be made (World Bank, 2008). Experts opined that south Korea is yet to improve and strengthen its judicial system. 4. You must also give a presentation to the class outlining the differences between the administration. The American criminal justice system is administratively managed by its Supreme Court that is composed of council-recommended justices, legally appointed based on standard qualifications and confirmed by the President of the United States (Bureau of Justice Assistance, 2000; United States Department of Justice, 2012). The government has also its Department of Justice that is working to enhance the capacity of the agencies to generate strategic development and program for effective dispensation of American justice system (Bureau of Justice Assistance, 2000; United States Department of Justice, 2012). It also improves the effectiveness and efficiency of American criminal justice system by broadening its intervention with interagency participation. The Korean court on the other hand, has Supreme Court, High court, District court, Patent court, Family Court and Administrative court. Akin to US, the Supreme Court of Korea is considered as the highest court of the country with 13 justices, twelve of whom are mandated with adjudicatory functions (Mongabay, 1990). They were appointed as Minister of Court Administration by the Supreme Court. South Korean president does the appointment of Chief of Justice with the consent of the national assembly (Mongabay, 1990). Like the justices in US, they are mandated with functions sourced from the national constitution (Mongabay, 1990). But unlike US, where the judge or jury listen directly to the testimonies of witnesses, accused an of defendants, the court in South Korea are organized into three Petty Benches (otherwise known as three appellate court) with four respective justices to hear cases emanating from lower courts and when they’d fail to reach it, the case is brought to the jurisdiction of Grand Bench (Mongabay, 1990). The Grand Bench is filled with two-thirds of the justices and is headed by the Chief Justice (Mongabay, 1990). This body decide cases emanating from the Petty Benches in simple majority decision-makings. When majority decision is difficult to generate, the court will uphold the decision of the lower court. The Grand Bench also review cases and laws when its constitutionality challenged and also review decisions from Petty Benches when its ruling is questioned by the defendant or by the prosecuting party (Mongabay, 1990). The Supreme Court of South Korea is composed of Supreme Court Justices Council led by the Chief Justice (Mongabay, 1990). They formulate rules and regulations necessary for the administration of court’s management and operation, the latter include lobbying for their budget from the legislative body. The council is also empowered to affirm the nominations of chief of justice and judges for the lower courts. The resolutions they’d formulate for the judicial body is decided by a quorum or simple 2/3rd majority (Mongabay, 1990). The judiciary of South Korea has also its National Court Administration led by a Minister and they also decide for necessary measures in the furtherance of its interest (Mongabay, 1990). References Cohn, A. W., (1978). Criminal justice non-system. In: Inciardi, J. A. & Haas, K. C. Crime and the criminal justice process, Kendall/ Hunt Publishing Co., US. Mongabay (1990). South Korea: Criminal Justice. Mongabay.com. Web. < http://www.mongabay.com/history/south_korea/south_korea-criminal_justice.html> Accessed: 17. Nov. 2012. Russo. T., (2012). The Criminal Justice System as a Counterterrorism Tool: A Fact Sheet. United States Department of Justice, Washing ton, D.C, US Accessed: 17 Nov. 2012. Smith, T. (2012). The Three Components of the Criminal Justice System. eHow: Discover the Expert in You. Demand Media, Inc. , US, p. 1-3. Bureau of Justice Assistance (2000). Creating a New Criminal Justice System for the 21st Century: Finding the Results From the State and Local Program Evaluations. Effective Programs Monograph No. 2, US Department of Justice., Washington, DC., US. World Bank (2008). Rule of Law: Worldwide Governance Indicator 2008. Washington,, D.C. , US. p. 1. Read More