Get premium membership and access questions with answers, video lessons as well as revision papers.

Institutions in the criminal justice system

      

Institutions in the criminal justice system

  

Answers


Faith
1. The Police service
The first contact a defendant has with the criminal justice system is usually with the police (or law enforcement), who investigate the suspected wrongdoing and make an arrest. When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order. They are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police are primarily concerned with keeping the peace and enforcing criminal law based on their particular mission and jurisdiction.

2. Prosecution office
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. The prosecution office is headed by the director of public prosecution. Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent the state. They usually only become involved in a criminal case once a suspect has been identified and charges need to be filed. At least in the case of very serious matters, the DPP will be asked by the police, during the course of the investigation, to advise them on sufficiency of evidence, and may well be asked, if he or she thinks it proper, to prepare an application to the relevant court for search, listening device or telecommunications interception warrants.

3. Courts

The courts serve as the venue where disputes are then settled and justice is 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 the judge/magistrate, prosecutor, and defense 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.
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, allow plea bargaining in which the accused pleads guilty, 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 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.
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.

4. Correctional facilities

A prison or jail is a facility in which individuals are forcibly confined and denied a variety of freedoms under the authority of the state as a form of punishment. The most common use of prisons is as part of a criminal system, in which individuals officially charged with or convicted of crimes are confined to a jail or prison until they are either brought to trial to determine their guilt or complete the period of incarceration they were sentenced to after being found guilty at their trial.

Titany answered the question on December 7, 2021 at 10:01


Next: Measures which acts as a relief to offenders that reduce or terminate their sentences
Previous: Special types of prison in Kenya

View More Security Psychology and Strategic Studies Questions and Answers | Return to Questions Index


Learn High School English on YouTube

Related Questions