Why do we need a criminal justice system - Essay Example

?The need for Criminal Justice System Human civilizations have always been exposed to a range of crimes, a social evil which has plagued the societies since time immemorial. In order to counter such threats to societies and ensure a peaceful existence of communities, the establishment of an efficient criminal justice system is imperative. The key purpose behind the establishment of a criminal justice system is to ensure a fair process to facilitate negotiation to enable appropriate and effective resolution of conflicts. It is also designed and implemented to ensure a fair distribution of power and wealth within a society and / or community. In order for any community or society to develop and prosper, it needs to have a well-developed and well-structured justice system which takes into consideration the pleas of all individuals belonging to different parts of the society. Laws developed as a part of the criminal justice system tend to regulate the behaviour of the citizens and dictate the codes of conduct, in a way that it deters criminals from indulging in crimes. Laws are designed at national level and implemented nationwide and is applicable for all citizens equally. These rules and regulations act as guidelines for individuals and dictate the model behaviour expected of them, as responsible members of the society we live in. Furthermore, it is effective criminal justice systems ensure the protection of basic human rights and addresses larger social evils, and lay a foundation for a better and peaceful habitat for all individuals (Australian Institute of Criminology, 2006). Criminal Justice System: Meaning and Definition According to Gibson et al (2008) a criminal justice system is a "dedicated form of justice that applies in relation to criminal cases as opposed to civil, family or administrative matters - and that has its own laws, principles, rules, procedures, codes, practices and thinking" (Pp. 9). An effective justice system refers to not only one, which ensures protection of ordinary citizens but it also includes rehabilitation of criminals and bringing them back to the mainstream society. The Australian criminal justice system comprises of a set of laws and regulations which are developed with an aim to safeguard the members belonging to various communities as well as that of their properties. The system holds the right to decide which acts are and can be categorized as criminal in nature and could prove to be harmful for the society. Under the Australian criminal justice system, the criminals or perpetrators of crime are punished by various means such as through punishments, fines, imprisonment and / or community service (Australian Bureau of Statistics, 2011). The Australian legal system has been developed from the old British legal system. The bodies or authorities responsible for creating, developing, implementing, and enforcing the law within the Commonwealth of Australia include the commonwealth government, the state or territory government, as well as the local government which in turn comprises of courts and tribunals, the police department as well as various other government departments. The Australian legal system has been developed from the old British legal system. The bodies or authorities responsible for creating, developing, implementing, and enforcing the law within the Commonwealth of Australia include the commonwealth government, the state or territory government, as well as the local government which in turn comprises of courts and tribunals, the police department as well as various other government departments (Australian Bureau of Statistics, 2008). Need and significance of laws and legal system: Laws enable the individuals in a society to function effortlessly devoid of fear for their lives and property and instil fear in the minds of the criminals, as they are aware of the consequences and / or repercussions of their anti-social actions. Laws deter the criminals from hampering the societal progress and development, prevents them from indulging in behaviour which is likely to cause substantial damage to the life and property of other individuals, and thus pave way for a healthy and peaceful environment. Lastly, these laws help the citizens realize and accept their rights as well as moral responsibilities towards other individuals as well as the society as a whole and ensure full adherence to the same (Weatherburn, 2004). The laws also play a vital role in ensuring and enforcing the regulations in such a manner that all the citizens are made aware of their obligations towards the society and towards each other. Such a rule prevents anti-social activities and helps the citizens to co-exist peacefully. Impact of laws: Laws make it mandatory for citizens to follow a certain code of conduct, which deters the criminals from causing harm to individuals or the society and maintain peace and order in the concerned regions of their jurisdiction. It is however, imperative for the citizens to act morally and ethically in society rather than excessively depending on the legal system. In Australia, crimes are usually classified into various categories and treated accordingly. The legal system in Australia believes in corrective behaviour, hence rather than punishing the criminals for their crimes, major efforts are taken to correct the behaviour of the offenders through fines, or through community service, depending upon the seriousness and type of their crime (O’Malley, Sutton, 1997). Although in most of the societies worldwide, crime and criminals are viewed as a major threat to the well-being of the communities at large, Australia views criminals as ordinary citizens in need of a corrective behaviour and aims to accommodate them within the mainstream society. Thus on the basis of the above discussion, it could be safely concluded that the criminal justice system helps a country to develop and prosper effortlessly, by safeguarding the rights of its citizens and punishing the criminals. This ensures an absence of chaos and a pathway for establishing peace and stability within the nations. References: Australian Bureau of Statistics, (2008). Year Book Australia, Australian Bureau of Statistics, Pp. 402-403 Gibson, B., Cavadino, P., Faulkner, D., (2008). The criminal justice system, Waterside Press, Pp. 9 O'Malley, P., Sutton, A., (1997). Crime prevention in Australia: Issues in policy and research, Pp. 115 Weatherburn, D. J., (2004). Law and order in Australia: rhetoric and reality, Federation Press, Pp. 24-28 Australian Government (2006). Corrections in Australia. Retrieved: 2 July 2011 [Online] Available at: [http://www.aic.gov.au/research/corrections] Australian Bureau of Statistics (1997). Crime and Justice: The criminal justice system [Online] Accessed: 2 July 2011. Available at: [http://www.abs.gov.au/ausstats/abs@.nsf/2f762f95845417aeca25706c00834efa/a4d719473be50fdfca2570ec001b2c95!OpenDocument] Read More