The Criminal Justice System - Essay Example

The Criminal Justice System What Crime Is Crime can be defined in different ways, its different s to great debate. Some quarters define crime as an unlawful act for which a party can be punished by the state (Farmer 2008). Other quarters noted that crime is an act that is harmful to an individual, community, or the state. Yet again, others define crime as anything that an applicable law defines to be criminal in nature (Farmer 2008). Considering the various definitions posted above, it is evident that crime is forbidden and attracts punishment as stipulated in the law. Some of the activities that are unacceptable throughout the world and therefore fall within the boundaries of crime are theft, rape, and murder. Parties that commit crime can be subject to imprisonment, fines, community service, and the death penalty as punishment from the state or government (Farmer 2008). Models, Theories, and Assumptions in Relation to Crime Two main models that are used to determine which acts are crimes by society are the consensus model and the conflict model (Farmer 2008). According to the former, criminal behaviour is any act that is in conflict with the beliefs and values of the whole society. This model holds the assumption that as diverse as people and communities are, they can have similar morals. On its part, the conflict model holds that criminal law is determined by those people who hold social, political, and economic power within a given community. One of the theories that apply to crime is the rational choice theory (Cornish & Clarke, 1986). Also called the decision theory, this theory suggests that humans commit crimes because they serve the interests of the actors or rather bring more benefit as opposed to harm to them. This theory is based on the assumption that the criminal commits crime because they experience a constraint in choice. In this respect, the theory argues that to deter crime effectively, the cost of crime should be set so high that every reasonable person will shun it (Cornish & Clarke, 1986). The Government Structure As It Applies To the Criminal Justice System The criminal justice system comprises a collection of local, state and federal (public) agencies that are dedicated to dealing with crime (Randolph, 2005). In many cases, the decision of one agency affects the decisions of other agencies in matters related to crime. The main branches of government are the executive, judiciary, and legislature, each with its specific function (Randolph, 2005). In many jurisdictions, the legislature is charged with the responsibility of defining crimes, allocating funds to other agencies that deal with criminal justice, and setting sentences for the different crimes (Randolph, 2005). The executive on the other hand is charged with the responsibility of appointing judges, chief, heads, and directors of the different criminal justice agencies (Randolph, 2005). Furthermore, it can mobilize public opinion and postulate legislative agendas, through elected leaders, to make criminal justice better. On its part, the judiciary adjudicates over criminal matters brought before it (Randolph, 2005). It is the branch of government that determines whether or not parties are guilty and the sentences that apply to those who are guilty. The judiciary also interprets the law and may review the decisions of the legislature. Basically, the goals of the criminal justice system include: to monitor how members of the society behave, ensure safety of the community, and see to it that those accused are given a fair trial. It also aims at convicting, punishing, and rehabilitating the guilty even as it offers justice to those who are offended. Components of the Criminal Justice System and the Criminal Justice Process The main players in the criminal justice system include the courts, police, and correctional facilities (Randolph, 2005). These components of the system serve to deter or prevent crimes by arresting, trying, and subjecting criminals to punishments. While courts, as presided over by judges and juries, serve to establish whether parties bear criminal responsibility by seeking justice and unearthing the truth, police departments work toward maintaining law and order and providing related services (Randolph, 2005). The police cooperate with prosecutors in investigating crimes, getting evidence and ensuring that the guilty are convicted. Prison, house arrest, jail, parole, community service, and probation are all corrections. The main idea behind correctional agencies is to secure public safety, rehabilitate, and punish criminals (Randolph, 2005). When law enforcement officers receive information about a crime by way of a report, they investigate the matter and identify the suspect. They gather evidence and arrest the suspect (National Center for Victims of Crime, 2012). If the evidence in possession of law enforcement officers is sufficient to warrant prosecution, the prosecutor files a charge against the suspect/accused, otherwise, they are released. The accused appears before a court for the first time and is informed of the charges they face as well as their rights. Based on the evidence brought before him/her, a judge may release or hold the suspect (National Center for Victims of Crime, 2012). The accused may be released on bail or bond to secure their respect to court. A preliminary hearing may be done in which grand jury hears the case and makes a decision that will be submitted to a court. Based on the ruling, the accused may be indicted or released. Alternatively an accused person may be arraigned in court where they will be informed of their rights and the charges brought against them. The defendant may plead not guilty, guilty, or no contest (National Center for Victims of Crime, 2012). If no contest or guilty pleadings apply, the offender may be sentenced immediately or on a later day. Defendants may enter into plea agreements or face trial after which they may be acquitted, sentenced, or put on probation. The criminal justice system comprises different agencies and players that work together toward achieving a common goal. Each of the agencies and players have their specific roles to play, the actions of one agency impacting on the decisions of another. This being the case, it is beyond doubt that the criminal justice system is indeed a system. References Cornish, D. & Clarke, R. (1986). The Reasoning Criminal. New York: Springer-Verlag. Farmer, L. (2008).Crime, definitions of. In Cane and Conoghan (eds). The New Oxford Companion to Law. Oxford: Oxford University Press. National Center for Victims of Crime (2012). The Criminal Justice System. Retrieved March 30, 2014 from http://www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/the-criminal-justice-system Randolph, F. (2005). Criminal Justice: Mainstream and Crosscurrents. Upper Saddle River, NJ: Prentice Hall. Read More