THE CRIMINAL JUSTICE SYSTEM
Executive Summary
Criminal Justice System included all the legal bodies and agencies of the government that works to protect the community and individuals of a nation. The justice system included the courts, polices and corrections department. All the department works in collaboration in order to reduce and control the criminal percentages of the nation. The major areas of this report are the purpose & aim of the Criminal Justice System, responsibilities of Crown Prosecution Services and the process of developing by the court. Two cases have been selected in this study in order to analyses the functional areas more effectively.
Criminal Justice System refers to the groups of governmental agencies and body that have aimed to prevent crimes, rehabilitations and provided support to the victim to lives their lives. In addition, the Criminal Justice System provides public safety and help to maintain law and order to a country. However, the rules and regulation of the criminal justice system differ from country to country, but the mutual goals are to maintain peace and harmony in their respective country. The study is going to focus on the different aspect and component of the CJS and appeal in order to understand the importance of implication. The study is also going to discuss the process and stages of developing different laws and order to maintain peace and harmony in the region. Two cases Shaw v DPP (1961) and Adler v George (1964) have been selected in the study for the analysis process. The aim of the study is to analyses and evaluate the purpose of the Criminal Justice System as a government body and to understand the process of developing law in CJS.
2.1. Purpose of the Criminal Justice System
The prime purpose of the Criminal Justice System is to protect the community and individual of the nation from any kind of crime. The government takes the initiative in order to maintain peace to enhance the growth and development of the nation. Criminal Justice System mainly focuses on three major components in the society; controlling of crime, prevention of crime and maintain justices.
2.1.1. Aim of the criminal justices system
Provide justice
Providing justice to the victim is the first and foremost aim of the Criminal Justice System in the United Kingdom and other countries of the world. According to the view of Binswanger et al. (2019), giving justices of the individual and community based on the authentic and ethical investigation is the prime aim of the justice system. The justice system of a nation greatly influences thebehaviors and trust of its people. Having proper laws and order under the Criminal Justice System of a country can help win the trust and belief in the government.
Controlling and preventing crimes
Another major aim of the Criminal Justice System is to control & prevent crimes in order to maintain peace in the nation. The government agencies, which maintains the justice system, develops laws and regulation based on the prevention of crime. As per the view of Rennison& Dodge, (2016), the justice system must provide moral support to the victim for ensuring their mental health.
Rehabilitation of the offenders
Most important aim of the Criminal Justice System is to rehabilitate the offenders in order to control the crime. Rehabilitation of the criminal is a major part of the prisoner programs that help to improve the criminal under the guidance of legal authorities. According to the view of Travis III, (2017), the UK’s Criminal Justice System focuses on the rehabilitation of the offenders in order to give a new life to the criminal. Along with the rehabilitation program, the justices system also provide opportunities for personal and career development of the young age criminals.
2.1.2. Role of Crown Prosecution Service
CPS played great functional areas of the Criminal Justice System and help to provided justice of the community and individual. CPS greatly contributed to the justice system in order to provide the most ethical justices to the victim and punishment of the criminals. In addition, CPS also focuses on the maintenance of laws and order in the governmental and legal areas of the nation. The major role of the CPS in the functional areas of CJS are the following:
- Examination and analysis of the police evidence regarding a specific crime or incident.
- Decision making for court prosecution stages based on the evidence and investigation report.
- Evaluation and preparation of cases in order to represent in the court to provide justices.
- Conduction of prosecution of the suspects and victim to reached the authentic conclusion of the case.
2.2. Developing law in the criminal justice system
2.2.1. Process of developing law by the court
The process of developing law by the court have different stages, and it is influenced by different component and aspect. According to the view of Travis III, (2017), the law that has been developed by the judge of the court has been termed as the common law in the United Kingdom. In the case of Shaw v DPP of 4th May 1961, the law-making process by the judge of the court has been observed (casemine.com, 2020). The judge of the court has developed common laws in order to controls and prevent cases like Shaw v DPP. However, in the case of Adler v George of the year 1964, the vicinity of the prohibited places has been represented (e-lawresources.co.uk, 2020). This case represents the situation that can occur by mistake by the individuals of armed force in the time of duty. The court had decided to develop common laws based on the situation in order to reduce the incident occurs in future and maintenance disciple among the armed forces. The following points can illustrate the process of developing laws by the court:
- Analysis of the new issue that disturbing the peace and harmony of the government policies and people of the nation.
- Performing statutory interpretation of the issues from a different perspective.
- Ratio decidendi that represents the rationale of the decision made by the court regarding the recent most pressing issue.
In the case of Shaw v DPP, the court had developed the law based on the functions of custom morum in order to reduce and control this kind of cases. In addition, in the conclusion of the case Shaw v DPP, the jury member had concentrate on developing appropriate common laws that can help to maintain peace and harmony in the UK. However, in the case of Alder v George, the court had used the standard methods to developed laws liable of near to prohibited places (e-lawresources.co.uk, 2020).
2.2.2. Methods available for judgement
The judge of the court gets different available methods to provide judgement for the case in the court. The major available methods are a majority, dissenting, concurring and memorandum. The judge of the court selects the most appropriate option for giving judgement base on the situation and report provided by the Crown Prosecution Services.
From the above discussion, it can be concluded that the Criminal Justices System is necessary to ensure the safety of the public and to maintain peace in a nation. The topic that has been focused in the study is the aim of the CJS (Criminal Justices System), the role of CPS (Crown Prosecution Service), the process of law development and methods for judgement. The aim of the CJS represents the major objectives and goal of establishing CJS system by the government. In addition, the role of CPS had discussed the major role and duty of the CPS in the functional areas of the justice system. However, the process of law development can help to understand the difference stags use by the court to develop a specific law for reducing and controlling crimes. On the other hand, the evaluation of the judgement process can help to understand the process of judgement and options get by the court to solve a particular case.
Binswanger, I. A., Maruschak, L. M., Mueller, S. R., Stern, M. F., &Kinner, S. A. (2019). Principles to guide national data collection on the health of persons in the criminal justice system. Public Health Reports, 134(1_suppl), 34S-45S. Retrieved from: https://journals.sagepub.com/doi/abs/10.1177/0033354919841593 [Retrieved on: 7th March, 2020]
casemine.com, (2020), SHAW V DPP, Retrieved from: https://www.casemine.com/judgement/uk/5a8ff8ca60d03e7f57ecd77a [Retrieved on: 6th March, 2020
e-lawresources.co.uk, (2020), Adler v George [1964] 2 BQ 7, Retrieved from: http://www.e-lawresources.co.uk/Adler-v-George.php [Retrieved on: 5th March, 2020]
Rennison, C. M., & Dodge, M. (2016). Introduction to criminal justice: Systems, diversity, and change. Thousand Oaks, Sage Publications. Retrieved from: https://books.google.co.in/books?hl=en&lr=&id=rtCfDQAAQBAJ&oi=fnd&pg=PP1&dq=+introduction+to+criminal+justice+system&ots=Xyy4DYRyyQ&sig=KQHJojxlL-3JD_V-6u6HssQEWi0 [Retrieved on: 7th March, 2020]
Travis III, L. (2017). Criminal Justice Perspectives. In Introduction to Criminal Justice (pp. 1-36). UK, Routledge. Retrieved from: https://www.taylorfrancis.com/books/e/9781315092454/chapters/10.4324/9781315092454-2 [Retrieved on: 7th March, 2020]
Travis III, L. (2017). Law Enforcement in the Criminal Justice System. In Introduction to Criminal Justice (pp. 165-204). UK, Routledge. Retrieved from: https://www.taylorfrancis.com/books/e/9781315092454/chapters/10.4324/9781315092454-6 [Retrieved on: 7th March, 2020]
