The Criminal Justice System of England and Wales - Essay Example

The Criminal Justice System of England and Wales - Punishment and Sentencing Before going on to the discussion of punishment and sentencing, it's first important to understand the criminal justice of England and Wales. According to the World Factbook of Criminal Justice Systems, the British constitution is "a blend of statute law, precedent, and tradition dating back to the time of King Henry I." It also said that the three major statutes that define the British legal and political history were the Magna Carta (1215), the Bill of Rights (1688), and the Act of Settlement (1700). England and Wales follows a delegated legislation in the form of statutory instruments which may be executed by government officials and departments. Such legislations may be contested by the parliament which is composed of the Monarch and the House of Commons. This is because the acts of the Parliament can override common law provisions. Moreover, its membership in the European Union requires it to follow the European community law. The World Factbook of Criminal Justice Systems also said that the legal system in England and Wales is "adversarial" in all courts, including the juvenile courts. Its criminal justice is the "historical pioneer" of the common law type of legal system. More often than not, the law evolves through the decisions made in previous individual cases while decisions in court influence certain perceptions and rules. Such practices might have originated from the fifth century while it was after 1066 when general perceptions regarding common law principles increased. Also, the World Factbook of Criminal Justice Systems added that England and Wales' common legal systems were derived from the Acts of Union of 1536 and 1542. Moreover, the late 19th and 20th centuries have witnessed a boost in the number and scale of statutes and of delegated legislation in British law. Crime Just like in most countries, crime in England and Wales is classified and distinguished mostly on the basis of its seriousness. In addition, an offense may vary according to the procedure it is brought into trial. For example, if it's through a magistrates' court only, by indictment, or by the higher Crown court. It may also vary according to the sanction. Criminal responsibility in England and Wales is 10, so those between ages 10 and 17 are forced to face a youth court if they are charged with a criminal offense. Its difference with the court for adults is that parents of the child offender may be charged with fines which they must pay and supervise their child's behavior. In terms of drug use, the Misuse of Drugs Act of 1971 covers the terms and conditions. It listed drugs into classes A, B, or C. This act was intended to regulate the use and flow of drugs, according to the World Factbook of Criminal Justice Systems. And as in many countries all over the world, it is unlawful to produce, supply, possess, prepare, cultivate, and import or export and such substances. World Factbook of Criminal Justice Systems said that 1994 data shows that there were 5.3 million recorded offenses in England and Wales, this would include indictable offenses and summary offenses, 26 percent of which were cleared. About 729 of the cases were homicide charges and 220,000 offenses of violence against persons. Meanwhile, only 19,600.of these offenses were classified to be serious. During the same year, 5,039 rape cases were recorded which accounted to only one percent of the total recorded offenses. Meanwhile, an astounding 93 percent of the overall offenses were against property, including burglary, theft, criminal damages, and fraud. As for drug offenses, 17,569 cases were reported. Not surprisingly, about half of the total recorded offenses were to be found in metropolitan police areas while rural areas had the lowest crime rates. Judicial System According to The Criminal Justice System Review, the criminal justice system of England and Wales has changed drastically. This is because before the introduction of the due process, those accused of crime were tortures or given trials without defense. All of the cases filed first appear in the court of first instance of the magistrates' courts. It is in charge of deciding whether the offense should be trialed by the court of it should be transferred to the Crown court. Magistrates' courts have a bench of magistrates usually composed of three lay members. A legally qualified clerk usually advises them on points of law. The Crown court has judges who are sometimes with lay magistrates when adjudicating. Most of the decisions are determined by a 12-man jury composed of people 18 to 70 years of age wherein a verdict must be rewarded after reaching a majority vote with guilt established beyond reasonable doubt. One may also appeal to the Crown court if he or she is not satisfied with the decision in the magistrates' court. Meanwhile, as mentioned earlier, a youth court is also existent. It trials all cases of those under 18 years of age. Defendants and others involved in the prosecution of the offenders in these court are protected by being unidentified. Sentencing When defendants are deemed guilty by the magistrates' court, a sentence is given while a judge gives the sentence if at the Crown court. Of course, sentences vary depending on the weight o the case and the decision of the jury or the prerogative of the judge. Usually, defense advocates or human rights advocates attempt to reduce sentences by presenting mitigating circumstances to the court. Moreover, the probation service also recommends alternative sentences that can be considered by the magistrate of the judge. Such appeals or procedures may not involve the victim or the prosecutor. Penalties The penalties range from absolute to conditional. Those involving material exchange would be the fine which 80 percent of offenders have been told to pay. Aside from the fine, the court may also order the accused to pay the victim for other damages although there is a maximum amount depending on the financial capacity of the offender. In the past, a probation order was an alternative to a sentence. Now, it itself has become a sentence in the form of community work up to 240 hours or a mix of probation supervision with curfew and community work. The World Factbook of Criminal Justice Systems said that 69,200 persons received custodial sentences in 1994 wherein the average length of sentences in adult males was 16 months. Meanwhile, the death penalty in England and Wales has been abolished. Effectiveness of Prison and other Punishments According to the article Does Prison Work, evidence shows that England and Wales might have adopted the wrong policies in reducing crime unlike the United States. With such a turnout, the paper asked whether the government of England and Wales adopted the best methods for reducing crime. It said for at least 20 years until 1993, the Home Office strongly opposed the use of prison to stop or reduce crime rates. However, when Michael Howard became Home Secretary, the risk of imprisonment increased even against many objections. This was done because the government recognized that community sentences are not enough to protect its people. Therefore, there was a need for the government to search for tougher community sentences with multiple conditions like tagging, reparation, and drug treatment and testing because there is a need for a "a correctional system which punishes but also reduces re-offending through the rehabilitation of the offender." Moreover, it said custody is important in punishment to offenders and protecting the public even though it is expensive and should be limited to "dangerous, serious and seriously persistent offenders and those who have consistently breached community sentences." So, planned new sentences combined community and custodial sentences. Included in such is the modified suspended sentence called Custody Minus, which allows offenders to be imprisoned if they fail to comply with the conditions of their sentence. On the other hand, Custody Plus concerns closer supervision by the Probation Service for those released after being jailed for at least three months. The period of custody and supervision in total will not exceed a whole year. The article Does Prison Work said that the seven aims of sentencing are: "to protect the public, to punish, to reduce crime, to deter (others as well as the criminal), to incapacitate, to reform and rehabilitate, and to promote reparation." However, during the time when the Home Office had an anti-prison consensus, incapacitation and punishment were not very much given attention and community sentences were the popular option. But when the early 1980s came, things changed. As a point of comparison, imprisonment increased in the US leading to a decrease in crime rate while the opposite happened in England and Wales because while its risk of imprisonment fell, the crime rate increased. And although from 1993 it reversed its policy, crime was reduced only to some extent. Conclusion After opposing the option of punishing by prison and favoring community sentences, the government of England and Wales now recognizes that prison protects its people more effectively. However, it still stresses that prison is to be reserved for "dangerous, serious and seriously persistent offenders and those who have consistently breached community sentences." As for the rest of the offenders, it still hopes to find alternatives to prison and allow them to commit more than one offence before being sent to jail. And while prison seems to work as a method of protecting the public and deterring criminals, not all are still convinced of its effectiveness, feeling that punishment and rehabilitation of offenders are mutually exclusive alternatives. However, it should be explained that the Prison Service acknowledges that prison is an opportunity to reform criminals in the hope of encouraging a law-abiding lifestyle on release. It also admitted that there is a need to improve the methods of reform. According to the Does Prison Work, "much has been learnt about how to discourage anti-social attitudes, create a stronger moral sense, and encourage a more positive attitude in convicted criminals. But while their offending continues, it is preferable to rehabilitate them in prison, so that members of the public continue to be protected." ("Does Prison Work Overseas Evidence"} In conclusion, the justice system of England and Wales is mostly appropriate and effective. It has the restorative justice and other non-custodial sentences as advantage. The restorative justice is new form of justice that aims to divert young people from the criminal justice system. Meanwhile, the weak link in its justice system is simply its prison overcrowding. Bibliography A Guide to the Criminal Justice of England and Wales, Home Office Research, Development and Statistics Directorate, viewed 23 October 2008, Comparative Criminal Law and Enforcement: England and Wales - Law Enforcement, Law Library, viewed 23 October 2008, Criminal Justice in England and Wales, The Criminal Justice System Review, viewed 23 October 2008, Does Prison Work Overseas Evidence, Civitas, viewed 7 November 2008, England and Wales, World Factbook of Criminal Justice Systems, viewed 23 October 2008, Read More