Essence of a Criminal Justice System - Essay Example

FINAL ORDER 216643 ESSENCE OF A CRIMINAL JUSTICE SYSTEM INTRODUCTION Ever since the dawn of human civilisation crime has been a bafflingproblem. There is hardly any society which is not beset with the problem of crimes. Categorically speaking, crime is an inevitable phenomenon as the issue is closely linked to the fundamental social disorganisation of every society. Different groups in the society have different and often incompatible interests in the society which give rise to conflicts and eventually results in the incidence of crime. To quote Emile Durkheim," A society composed of persons with angelic qualities would not be free from violations of the norms of that society (Paranjape, 2005, p.3)i". Thus, it is very much transparent that crime is a constant social phenomenon changing with the social transformation and no society can be free from the net of criminalities. Scope of the Study The study is aimed at exploring the essence or rationality of a criminal justice system. Accordingly, the paper has made a through study and investigated into the point to discover the essence of the criminal justice system for a given country. In addition, the study has also proceeded to develop the idea as to the significance or implication of a criminal justice system. Historical Background It is well-said that the evolution of criminal justice began at the earliest period of human civilisation. With the passage of time, gradually, people have developed theories and forms of punishment, redefined the rights and of the offenders as well as of the victims, reformed the police for the improved service delivery and better administration of justice. In regard to the evolution of a better criminal justice system, the police reform program has helped to give a dynamic shape and working change in it. Moreover, in offending or sentencing the criminals socio-economic condition contributing to the commission of the crime has been duly considered. Reform initiatives for the prison system has also added an implication in the criminal justice system. Criminal Justice Criminal justice means a system of practices and organisation which is used for the people as well as of the Government of a country dealing with the issues of crime, social control of crimes, and the criminals as well. Moe categorically speaking, the criminal justice system covers the entire organogram of police force, courts, prosecutors, lawyers, attorneys and the correction centres as including jails or prisons. Actually, criminal justice system deserves special significance. In reference to the attempt of defining criminal justice system, it has been rightly articulated, "Criminal justice is the scientific study and application of law and natural sciences to the social phenomena of crime and delinquency. The focus of criminal justice centers on definitions, causation, prevention, legal processes, and the treatment or rehabilitation of criminals in our society (Law Enforcement Training, 2008).ii" Philosophy of Criminal Justice It is needless to mention that the core purpose of a criminal justice system is to ensure a society free from criminalities. The cardinal philosophy associated with criminal justice system of a given country is to afford protection to the people and ensure peace, security and stability for them. States have adopted different policies in regard to the criminal justice system as existent in their respective legal system. The criminal justice system prevailed in England and wales on concentrating the reduction of crime rates through punishing the more offenders and creating confidence on the mind of the people. On the otherhand, Sweden has developed its policy for criminal justice by reducing crimes and increasing security for the people through its strict enforcement machineries. Significance Criminal justice system in every country has been deemed as the basic necessity as a means of bridging the relationship between the State and the citizens. Of course, while dispensing and ensuring justice, criminal justice system protect the interests of the offenders in addition to the enforcement of laws and order of the society. The purposes of a criminal justice system should adhere to the implementation of the efficiency, effectiveness and fairness of the system. This meant that the resources of a given criminal justice system should be properly utlilised in a cost effective manner to attain the objectives as set out within the statutory framework of it and ensure the public safety as well. This also meant that the system should also have the characteristics of being impartial and provide equal treatment to the people regardless of their social or economic status. Strengthening Criminal Justice System The ingredients of a criminal justice system, i.e. Police, lawyers, courts, prison etc. can ensure the efficacy of the system. Without the existence of a criminal justice system may engender insecurity among the people and render the society a web of agony, sufferings and frustration. To this end, performance capabilities or efficiencies of the personnel involved with the process of the criminal justice should be increased. Relation of cooperation and closer assistance should be developed. Essence of Criminal Justice With the growing expansion of science and technology, the nature of crimes has also radically been changed. The nature and dimension of the crimes have radically been changed. People of the nations are now experiencing the ever seen crimes as including cyber crime. Again, the rates of killing, snatching, dacoity, kidnapping and such other crimes have exceeded all the previous records. Again, cross-border terrorism has also been causing problem to the peace, security and stability in the global context. In the commission of such occurrences, miscreants are also given wide range of help from the local or domestic citizen of every country. Criminal justice for a country is the mostly essential as without the existence of a governing mechanism for the purpose of the prevention of crime and protecting the people; the sustainability of the society would be at stake. Hence; for the efficient administration of justice and ensuring the peace and amity among people in a given society. Thus, the essence of a working mechanism in effectuating the criminal justice is of utmost importance. Criminal justice system ensures the individual liberty, human dignity and preserves the democratic values of the people. So, in building a democratic society with salutary principles of human dignity, the essence of a criminal justice system is the sine qua non. Rightly speaking, the system of criminal justice works as a channel in the entire process of the dispensation of justice. "It functions and coordinates with loose-fitting parts (courts, cops, and corrections), competing legal purposes (punish, deter, incapacitate, rehabilitate), multiple enforcement methods (ranging from police investigation to plea-bargaining, community corrections to maximum-security prisons), and diverse leaders and constituencies; such as, federal, state, and local policy makers, voters, advocates, and others ( Piehl, Useem & DiIulio, September, 1999 )iii". Thus, a criminal justice system worth due importance in a legal system The core purpose of crime control is public safety and security. An ideal and effective criminal justice system can rightly address the issues of crime prevention and effectuate the ultimate objective of criminal justice system. The criminal justice system stipulates that all the powers in this purpose would be exercised with a view to ensuring the system of providing the fruit of justice to the people. Putting emphasis on this aspect, it is held, "Perhaps it is not too much to say that the essence of criminal justice is laid in the exercise of the discretionary power, despite the continuing importance of the jury trial (BAUMGRATH, 1978, p. 13)iv". Day by day, the numbers of incorrigible criminals are increasing. If the criminal justice system does not provide adequate arrangement for rectifying or punishing them, ultimately the consequence would be desperate. As every criminal justice system is designed for the better protection of its people with the particular attention of the mitigation of crimes, the essence of a criminal justice system is of due importance. Criminalities in Australia Undeniably, the crime rate in Australia has been outnumbered all the previous records. "The number of offences committed in Australia between 2001 and 2002 was sexual assault (6%) and assault (5%). Manslaughter (29%) and murder (2%) also increased (Australian Bureau of Statistics, 2003)v". Noticeably, the rate is on the continuous rise. "The report released by the Australian Bureau of Statistics suggests that there were 7,855,600 victims of households' crimes in Australia in April 2005(Australian Bureau of Statistics, 2007)vi". Amongst the crimes committed by the miscreants, sex related crimes have occupied a dominant position. Thus, the Government of Australia has decided to make a stringent statutory framework for the purpose of mitigating the crime rate with a view to affording the peace and stability to its people. "The development of recent statutory schemes, in both the United States and Australia, aim to keep the most dangerous sex offenders detained beyond the expiration of their prison sentence(Mercado & Ogloff ,2006, p. 13)vii". Concluding Remarks As the crime rate is frequently going much higher, it is urgently required to have a sound and working criminal justice system in the country. People are becoming subject to multiple criminal behaviour though the rate fluctuate time to time. In addition, women and children in more proportion are seen to be prone to be the victims of criminal attacks. Hence, there is a need to address this issue effectively and ensure a safe, secured and homely environment in our Australian society. So, on the face of the practical situation, it can putatively assert that a criminal justice system is of great implication and we need a criminal justice system for the better sake of ourselves, for the sustainability of Australian1 society.. . Read More