Why Do We Need a Criminal Justice System - Essay Example

? Why do we need a criminal justice system? Why do we need a criminal justice system? Crime has beenan issue of concern for centuries. It had threatened the civil and the moral framework of the human society from times immemorial. Ancient notes and scriptures have had the mention of a justice system that was in use to thwart, eradicate, nullify and in certain cases reform the individuals responsible for it. The times have changed and so have the methodologies used for it. Unfortunately, science and technological innovation; that have been the greatest benefactor of mankind has also given rise to the new breed of criminals. The tenacity and the types of crimes have aggravated in terms of its maliciousness and sophistry (Fletcher, 1998). This further bolsters the case for having an efficient and healthy criminal justice system in place. As mentioned, the nature of the crimes have shifted and metamorphosed from the normal cases of manslaughter, theft to the more complicated cases of drug abuse and human trafficking. One of the major requirements of the criminal justice systems is the latent respect and tolerance for the human rights of all the parties involved (Farmer, 2000). This can only lead to the development of an efficient and an effective system to combat the criminals. This is an absolute essential in building nations that are progressive, peaceful and have the proper conditions for human growth. A very minute look at the crime shall reveal that it is not only the victim who suffers, but somewhere down the line, the complete society is at fault. This shall also reveal as to why crime still thrives in countries that are seemingly very peaceful and vibrant. Co incidentally, it can be stated the systems of law should be completely based on the empirical research and a hard body of evidence. It has been proven that the dynamics of crime has been an ever changing phenomenon that has changed according to the times and the existent social conditions (Farmer, 2000). There are generally a set of deterrents that are put in place for the criminals to abstain themselves from any activity that would land them in a soup. Looking at it objectively, the society basically has the guarding mechanism in terms of the police forces (a hyper extension of this is the armed forces), the judiciary, the other means of prosecution and the society itself. Although the police force has varied activities, the major and the most important activity is the maintenance of the law and order. It should possess enough deterrent as an entity so as to stop any misdemeanor from culminating itself. The other main area that needs to be strong is the judiciary. It should be strong, independent and set precedence in terms of the judgments that it passes. This should act as a barrier for any individual who attempts to subvert the interests of the nation, the fellow beings or any other individuals by such actions. The other area that needs to be very strong is the legislative and the executive class the play a major role in the formulation and the documentation of the law (Smith .1998). The law shall be magnanimous and shall take all the necessary permutations in regard to the relevant society of function. A significant amount of political will is necessary to ensure that the criminals do not go scott free, neither do the innocent get punished by any means (Ormerod & Smith, 2009). The last and the most important part of the jigsaw is the civil society. The common public should show very good understanding of the relevant problems and the methodology adopted. There should be the presence of the necessary amount of will among the common individuals for the laws to be enacted in the proper and the most efficient manner. It is also imperative the social relevance of the laws is debated by the current society and the necessary redress mechanisms be taken. The crime rate in the different parts of the world is constantly increasing without any kind of respite in near sight (Smith, 1998). There have been gruesome instances of the mass murders, genocide, killings and abuses of various types in the current society. The north-south Korea wars, the Vietnam War, the Cambodian struggle, the Khmer regime have all seen the massive abuse of the power of individuals and groups. They necessitated the formulation of the laws that could keep these things in the check. More recently, the Serbian conflict, the mass annihilation of the ethnic Kurds in the Gulf war, the Rwandan genocide and the tension in Darfur have shown the extent of the problems faced by the people. These have all necessitated the proper law and order mechanism to be in place. Current statistics have been showing the massive spike in the crime rates in various parts of the world. The crimes are having a deep rooted impact on the psyche of the individuals who grow up in such an atmosphere. The perpetrators of the crimes are going free because of the increasing complexity of the crimes. The culpability of the crimes is different in different places with the stress on the law being different. A example being the case of money laundering (Gorr & Harwood, 1992). The lateral effects of the money laundering can be detrimental to the society like drugs, terrorism, abuse or various other problems. While certain of the countries have very strict laws in place, certain other countries are very slack in their implementation. The effective criminal justice system is necessary for the smooth and the efficient functioning of the country and the economy. An effective and efficient criminal justice system shall foster the spirit of development in the society. This shall give more time to the people to concentrate and excel in their respective areas of functioning (Michael & Sterling, 1992). Therefore, it has been seen the proliferation of the civil law has been faster in the countries that have a competitive mechanism of dialogue between the state and the non state actors. As mentioned earlier, the degree of comprehension of the laws by the individual and the efforts to maintain its integrity are of primal importance. It would ultimately serve towards the betterment of the society and the genesis of a refined world. REFRENCES Farmer, L. (2000). Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45. Law and History Review 2000 18(2): 397-444. Fletcher, G. P. (1998). Basic Concepts of Criminal Law. Oxford: Oxford University Press. Gorr, M.J. & Harwood, S. (1995). Crime and Punishment: Philosophic Explorations. CA: Wadsworth Publishing Co. Gorr, M. J. & Harwood, S. (1992). Controversies in Criminal Law. CO: Westview Press. Ormerod, D. & Smith, J.C. (2009). Smith and Hogan Criminal Law: Cases and Materials. Oxford: Oxford University Press. Smith, K. J. M. (1998). Lawyers, Legislators and Theorists: Developments in English Criminal Jurisprudence, 1800-1957. Gloucestershire: Clarendon Press. Read More