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Theory |
Criminal justice is the delivery ofjustice to those who have been accused of committingcrimes. Thecriminal justice system is a series ofgovernment agencies and institutions. Goals include therehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are thepolice,prosecution anddefense lawyers, thecourts and theprisons system.
The criminal justice system consists of three main parts:
In the criminal justice system, these distinct agencies operate together as the principal means of maintaining therule of law withinsociety.[1]
The first contact a defendant has with the criminal justice system is usually with thepolice (orlaw enforcement) who investigates the suspected wrongdoing and makes anarrest, but if the suspect is dangerous to the whole nation, a national levellaw enforcement agency is called in. When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public andsocial order. The term is most commonly associated with police departments of astate that are authorized to exercise thepolice power of that state within a defined legal or territorial area of responsibility. The word comes from theLatinpolitia ("civil administration"), which itself derives from theAncient Greek:πόλις forpolis ("city").[2] The first police force comparable to the present-day police was established in 1667 under KingLouis XIV in France, although modern police usually trace their origins to the 1800 establishment of theThames River Police inLondon, theGlasgow Police, and theNapoleonicpolice of Paris.[3][4][5]
Police are primarily concerned with keeping the peace and enforcingcriminal law based on their particular mission and jurisdiction. Formed in 1908, theFederal 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;[6] this, however, has constituted only a small portion of overall policing activity.[7] Policing has included an array of activities in different contexts, but the predominant ones are concerned withorder maintenance and the provision of services.[8] 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.[9]
The courts serve as the venue where disputes are settled and justice is then administered. With regard to criminal justice, there are a number of critical people in any court setting. These critical people are referred to as the courtroom work group and include both professional and non professional individuals. These include thejudge,prosecutor, and thedefense attorney. The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case.
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 theadversarial system. In this system, two parties will both offer their version of events andargue 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 alawyer 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 whatevidence has been found which incriminates the accused. The prosecutor should not be confused with aplaintiff 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 arebuttal 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, inTudor England criminals accused oftreason 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 ajury 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 majorityvote 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, allowplea 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.[10]
The entire trial process, whatever the country, is fraught with problems and subject to criticism.Bias anddiscrimination form an ever-present threat to an objective decision. Anyprejudice 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 andcharisma. 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.[11]
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.[12][13]
Offenders are then turned over to the correctional authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration ofpunishment has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons,exile andexecution were the primary forms of punishment. Historicallyshame punishments andexile have also been used as forms of censure.
The most publicly visible form of punishment in the modern era is theprison. 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, theQuaker 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. Monetaryfines 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 andhouse 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 orcapital 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.[14]
The functional study of criminal justice is at times distinct fromcriminology, which involves the study of crime as a social phenomenon, causes of crime, criminal behavior, and other aspects of crime; although in most cases today, criminal justice as afield of study is used as a synonym for criminology and thesociology of law. It emerged as an academic discipline in the 1920s, beginning withBerkeley police chiefAugust Vollmer who established a criminal justice program at theUniversity of California, Berkeley in 1916.[15] Vollmer's work was carried on by his student,O.W. Wilson, who led efforts to professionalize policing and reducecorruption. Other programs were established in the United States atIndiana University,Michigan State University,San Jose State University, and theUniversity of Washington.[16] As of 1950, criminal justice students were estimated to number less than 1,000.[citation needed] Until the 1960s, the primary focus of criminal justice in the United States was on policing and police science.
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. TheWarren Court (theSupreme Court underChief JusticeEarl 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 thestatus quo.
In the late 1960s, with the establishment of theLaw Enforcement Assistance Administration (LEAA) and associated policy changes that resulted with theOmnibus Crime Control and Safe Streets Act of 1968. The LEAA providedgrants 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.[16] Largely thanks to theLaw Enforcement Education Program, criminal justice students numbered over 100,000 by 1975. Over time, scholars of criminal justice began to includecriminology,sociology, andpsychology, 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 designatedBachelor of Criminal Justice degree.
Theories of criminal justice includeutilitarian justice,[17]retributive justice,[18]restorative justice.[19] They can work throughdeterrence,[20]rehabilitation[21] orincapacitation.
The modern criminal justice system has evolved sinceancient times, with new forms ofpunishment, addedrights foroffenders and victims, andpolicing reforms. These developments have reflected changingcustoms, political ideals, and economic conditions. In ancient times through the Middle Ages,exile was a common form of punishment. During theMiddle Ages, payment to the victim (or the victim's family), known aswergild, was another common punishment, including for violent crimes. For those who could not afford to buy their way out of punishment, harsh penalties included various forms ofcorporal punishment. These includedmutilation,branding, andflogging, as well asexecution.[citation needed]
Though a prison,Le Stinche, existed as early as the 14th century inFlorence,[22]incarceration was not widely used until the 19th century. Correctional reform in the United States was first initiated byWilliam Penn, towards the end of the 17th century. For a time,Pennsylvania's criminal code was revised to forbidtorture and other forms of cruel punishment, withjails andprisons replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from a group ofQuakers, 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.[23]
The development of a modern criminal justice system was contemporary to the formation of the concept of a nation-state, later defined by German sociologistMax Weber as establishing a "monopoly on the legitimate use of physical force", which was exercised in the criminal justice case by the police.[24][25][26][27]
The first modern police force is commonly said to be theMetropolitan Police inLondon, established in 1829 by SirRobert Peel.[28][29] Based on thePeelian principles, it promoted thepreventive role of police as a deterrent to urbancrime and disorder.[30][31] In the United States, police departments were first established inBoston in 1838, andNew York City in 1844. Early on, police were not respected by the community, ascorruption was rampant.
In the 1920s, led byBerkeley, California, police chief,August Vollmer andO.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 adoptedcommunity policing strategies.
In the 1990s,CompStat was developed by theNew York Police Department as an information-based system for tracking andmapping crime 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, withproblem-oriented policing,intelligence-led policing, and other information-led policing strategies also adopted.
Courts involved in adjudicating questions of French criminal law are organized in three tiers.
In thefirst instance, there are thepolice court, thecorrectional court, and theCour d'assises. The Police court (tribunal de police) hearscontraventions (minor infractions like parking tickets).[36] The Criminal court (also known asCorrectional court,tribunal correctionnel) hearsdélits, less serious felonies and misdemeanors.[37] TheCourt of Assizes sits in each of thedepartments of France and is normally composed of three judges and six jurors, and has jurisdiction over more seriouscrimes.[38][39]
In thesecond instance : theCourt of appeal, and theAppeal court of assizes. When it sits as a court of appeal, the Court of Assizes is composed of three judges and nine jurors, or seven judges alone.[38][39]
