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Criminal justice is the delivery of justice to those who have been accused of committing . The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, Prosecutor and defense lawyers, the and the system.
In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society.
Police are primarily concerned with keeping the peace and enforcing criminal law based on their particular mission and jurisdiction. Formed in 1908, the Federal Bureau of Investigation began as an entity which could investigate and enforce specific federal laws as an investigative and "law enforcement agency" in the United States; this, however, has constituted only a small portion of overall policing activity. Policing has included an array of activities in different contexts, but the predominant ones are concerned with order maintenance and the provision of services. During modern times, such endeavors contribute toward fulfilling a shared mission among law enforcement organizations with respect to the traditional policing mission of deterring crime and maintaining societal order. (2025). 9781466556232, CRC Press. ISBN 9781466556232
In the U.S. and in a growing number of nations, guilt or innocence (although in the U.S. a jury can never find a defendant "innocent" but rather "not guilty") is decided through the adversarial system. In this system, two parties will both offer their version of events and Argument their case before the court (sometimes before a judge or panel of judges, sometimes before a jury). The case should be decided in favor of the party who offers the most sound and compelling arguments based on the law as applied to the facts of the case.
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a plaintiff or plaintiff's counsel. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings.
A defense attorney counsels the accused on the a legal process, likely outcomes for the accused and suggests strategies. The accused, not the lawyer, has the right to make final decisions regarding a number of fundamental points, including whether to testify, and to accept a plea offer or demand a jury trial in appropriate cases. It is the defense attorney's duty to represent the interests of the client, raise procedural and evidentiary issues, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt. Defense counsel may challenge evidence presented by the prosecution or present exculpatory evidence and argue on behalf of their client. At trial, the defense attorney may attempt to offer a rebuttal to the prosecutor's accusations.
In the U.S., accused people are entitled to a government-paid defense attorney if the individual is in jeopardy of losing life and/or liberty. Those who cannot afford a private attorney may be provided one by the state. Historically, however, the right to a defense attorney has not always been universal. For example, in Tudor period England criminals accused of treason were not permitted to offer arguments in their defense. In many jurisdictions, there is no right to an appointed attorney, if the accused is not in jeopardy of losing his or her liberty.
The final determination of guilt or innocence is typically made by a third party, who is supposed to be disinterested. This function may be performed by a judge, a panel of judges, or a jury panel composed of unbiased citizens. This process varies depending on the laws of the specific jurisdiction. In some places the panel (be it judges or a jury) is required to issue a unanimous decision, while in others only a majority vote is required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. Some nations do not use juries at all, or rely on theological or military authorities to issue verdicts.
Some cases can be disposed of without the need for a trial. In fact, the vast majority are. If the accused confesses his or her guilt, a shorter process may be employed and a judgment may be rendered more quickly. Some nations, such as America, allow plea bargaining in which the accused pleads guilty, nolo contendere or not guilty, and may accept a diversion program or reduced punishment, where the prosecution's case is weak or in exchange for the cooperation of the accused against other people. This reduced sentence is sometimes a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing that it coerces innocent people to plead guilty in an attempt to avoid a harsh punishment. The courts nowadays are seeking alternative measures as opposed to throwing someone into prison right away.
The entire trial process, whatever the country, is fraught with problems and subject to criticism. Bias and discrimination form an ever-present threat to an objective decision. Any prejudice on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility. Some people argue that the often Byzantine rules governing courtroom conduct and processes restrict a layman's ability to participate, essentially reducing the legal process to a battle between the lawyers. In this case, the criticism is that the decision is based less on sound justice and more on the lawyer's eloquence and charisma. This is a particular problem when the lawyer performs in a substandard manner. The jury process is another area of frequent criticism, as there are few mechanisms to guard against poor judgment or incompetence on the part of the layman jurors. Judges themselves are very subject to bias subject to things as ordinary as the length of time since their last break."We find that the percentage of favorable rulings drops gradually from ≈65% to nearly zero within each decision session and returns abruptly to ≈65% after a break."
Manipulations of the court system by defense and prosecution attorneys, law enforcement as well as the defendants have occurred and there have been cases where justice was denied.
The most publicly visible form of punishment in the modern era is the prison. Prisons may serve as detention centers for prisoners after trial. For containment of the accused, jails are used. Early prisons were used primarily to sequester criminals and little thought was given to living conditions within their walls. In America, the Quaker movement is commonly credited with establishing the idea that prisons should be used to reform criminals. This can be seen as a critical moment in the debate regarding the purpose of punishment. Punishment (in the form of prison time) may serve a variety of purposes. First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to perpetrate further crimes. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. Many modern prisons offer schooling or job training to prisoners as a chance to learn a vocation and thereby earn a legitimate living when they are returned to society. Religious institutions also have a presence in many prisons, with the goal of teaching ethics and instilling a sense of morality in the prisoners. If a prisoner is released before his time is served, he is released as a parole. This means that they are released, but the restrictions are greater than that of someone on probation.
There are numerous other forms of punishment which are commonly used in conjunction with or in place of prison terms. Monetary fines are one of the oldest forms of punishment still used today. These fines may be paid to the state or to the victims as a form of reparation. Probation and house arrest are also sanctions which seek to limit a person's mobility and his or her opportunities to commit crimes without actually placing them in a prison setting. Furthermore, many jurisdictions may require some form of public or community service as a form of reparations for lesser offenses. In Corrections, the department ensures court-ordered, pre-sentence chemical dependency assessments, related Drug Offender Sentencing Alternative specific examinations and treatment will occur for offenders sentenced to Drug Offender Sentencing Alternative in compliance with RCW 9.94A.660.
Execution or capital punishment is still used around the world. Its use is one of the most heavily debated aspects of the criminal justice system. Some societies are willing to use executions as a form of political control, or for relatively minor misdeeds. Other societies reserve execution for only the most sinister and brutal offenses. Others still have discontinued the practice entirely, accepting the use of execution to be excessively cruel and/or irreversible in case of an erroneous conviction.(ACJS) 1963 Justice Sciences 25 April 2015. 2015-05-07 ACJS History 243–252 Criminal Justice. 4: 243-2546790
Throughout the 1960s and 1970s, crime rates soared and social issues took center stage in the public eye. A number of new laws and studies focused federal resources on researching new approaches to crime control. The Warren Court (the Supreme Court under Chief Justice Earl Warren), issued a series of rulings which redefined citizen's rights and substantially altered the powers and responsibilities of police and the courts. The Civil Rights Era offered significant legal and ethical challenges to the status quo.
In the late 1960s, with the establishment of the Law Enforcement Assistance Administration (LEAA) and associated policy changes that resulted with the Omnibus Crime Control and Safe Streets Act of 1968. The LEAA provided grants for criminology research, focusing on social aspects of crime. By the 1970s, there were 729 academic programs in criminology and criminal justice in the United States. Largely thanks to the Law Enforcement Education Program, criminal justice students numbered over 100,000 by 1975. Over time, scholars of criminal justice began to include criminology, sociology, and psychology, among others, to provide a more comprehensive view of the criminal justice system and the root causes of crime. Criminal justice studies now combine the practical and technical policing skills with a study of social deviance as a whole.
Criminal justice degrees are offered at both the two-year community college and four-year university level. Community college criminal justice programs include the Associate of Arts (AA), Associate of Science (AS), and the Associate of Applied Science (AAS) degrees. Criminal justice degree programs at four-year institutions typically include coursework in statistics, methods of research, criminal justice, policing, U.S. court systems, criminal courts, corrections, community corrections, criminal procedure, criminal law, victimology, juvenile justice, and a variety of special topics. A number of universities offer, bachelor's, academic minors, graduate certificates, master's, and doctoral degrees in Criminal Justice; Criminology, Law and Society; Administration of Justice; or a specially designated Bachelor of Criminal Justice degree.
Though a prison, Stinche Prison, existed as early as the 14th century in Florence, incarceration was not widely used until the 19th century. Correctional reform in the United States was first initiated by William Penn, towards the end of the 17th century. For a time, Pennsylvania's criminal code was revised to forbid torture and other forms of cruel punishment, with and replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from a group of Quakers, these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvania's crime rate. Patrick Colquhoun, Henry Fielding and others led significant reforms during the late eighteenth and early nineteenth centuries.
The development of a modern criminal justice system was contemporary to the formation of the concept of a nation-state, later defined by German sociologist Max Weber as establishing a "monopoly on the legitimate use of physical force", which was exercised in the criminal justice case by the police.Max Weber, Weber's Rationalism and Modern Society, translated and edited by Tony Waters and Dagmar Waters. New York: Palgrave Books, 2015, pp. 129–198.Max Weber in Weber's Rationalism and Modern Society, translated and edited by Tony Waters and Dagmar Waters. Palgrave Books 2015, p. 136
In the 1920s, led by Berkeley, California, police chief, August Vollmer and O.W. Wilson, police began to professionalize, adopt new technologies, and place emphasis on training and professional qualifications of new hires. Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and the community. Following urban unrest in the 1960s, police placed more emphasis on community relations, enacted reforms such as increased diversity in hiring, and many police agencies adopted community policing strategies.
In the 1990s, CompStat was developed by the New York Police Department as an information-based system for tracking and crime mapping patterns and trends, and holding police accountable for dealing with crime problems. CompStat has since been replicated in police departments across the United States and around the world, with problem-oriented policing, intelligence-led policing, and other information-led policing strategies also adopted.
Criminal Justice Overview.
Criminal justice is a multifaceted system that includes laws, courts, and corrections. Its purpose is to uphold societal norms by enforcing laws and punishing offenders. The criminal justice system strives to maintain order and protect citizens from harm.
The Role of Criminal Law
Criminal law is essential for defining crimes, determining punishments, and ensuring fair trials. It provides a framework for holding individuals accountable for their actions while protecting individual rights. Without criminal law, society would lack an organized means of addressing wrongdoing.
Justice for All.
"Criminal justice for all" emphasizes the principle that every person should be treated fairly under the law. This concept promotes fairness, impartiality, and equal access to justice regardless of background or social status. The pursuit of justice for all enhances the integrity and legitimacy of the criminal justice system.
Deborah Turkheimer Vol. 66, No. 1 (Autumn 2016) Published by the Association of American Law Schools: https://www.jstor.org/stable/26402415
Kumaralingam Amirthalingam Singapore Journal of Legal Studies (Sep 2017) Published by the National University of Singapore (Faculty of Law):https://www.jstor.org/stable/44986460
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