Structure And Processes Of Criminal Justice

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To what extent can the structure and processes ofImproving without discrimination, the process of
criminal justice, be said to represent a system?delivery of justice to all persons.
INTRODUCTION:The local criminal justice boards are also charged with
Structure and processes of criminal justice are verythe task of improving the quality of service provided
complex. In order to deal appropriately with potentialto witnesses and victims of criminal actions.
or existing criminal activity different procedures andThese boards are also charged with the role of
processes are involved. In this essay, I will explain theimproving and advancing the level of public confidence
criminal justice system to the extent of its structurein the system of criminal justice.
and processes, creating a mental image to show howThe existing legal system in England and Wales is
the criminal justice system is working andusually Adversarial in all law courts. This application is
represented.applied even in the juvenile courts. According to this
CRIMINAL JUSTICE:system, the side of prosecution is required by law to
Criminal justice; can be described as the study of thedisclose all relevant information pertaining to a case
theories and practices of the law courts, the policeto the defence. This requirement however on the
as well as the institutions of rehabilitation.part of the defence is not existent.
Criminal justice can also be defined as the processIn England and Wales, there are many ways of
used by states or governments through legislation,classifying crime. In most cases, the classification of
organisation, and practice geared towards thecrimes is usually based on the seriousness or the
maintenance of control within human societies(socialgravity of the crime. In addition, the classification may
control), the prevention and control of violentbe based on the procedure used in bringing the case
behaviours or crime, the prosecution, sanctioning orto trial or before a judge. For example in a
imprisonment of those who are involved in crime(lawmagistrate’s court, a case may only be
violators).brought forward through a system of indictment. In
When dealing with accused persons or groups ofaddition, the case may be classified according to the
persons through the system of criminal justice theavailability of what is called the sanction of
government is usually charged with the responsibilityimprisonment. A crime may also be classified in terms
of working within the laid down framework of theof the department of home office’s standard
constitution through the laws that are set up tolist of serious crimes.
protect human rights.The current age of criminal responsibility in both
Criminal justice is a multi disciplinary field thatEngland and Wales is ten. Regardless of this fact, any
encompasses the process of reviews, discussions,person between the age of ten and seventeen is
relationships and processes associated with theusually brought to a youth court when they are
criminal justice system.charged with a criminal offence. Additionally sanctions
In addition to this, criminal justice does also examineavailable to the youth courts are inherently more
the legal framework or system within the broadrestricted as compared to the sanctions imposed in
psychological and socio-political framework and goesadult courts. The major difference between the two
ahead to explore how this so said frameworkis that while an adult charged in an adult court will
influence the actions, activities and actors of thehave to bear the full cost of the sanction, a child or a
criminal justice system.person charged in a youth court can be imposed a
HISTORY OF CRIMINAL JUSTICE:fine which the parents are supposed to pay. In
The system of criminal justice has been an evolvingaddition, a person under the age of 18 may be
system since ancient times. Within this process, newimposed supervision or attendance centre orders.
ways of finding evidence, sentencing and punishmentThe structure and processes of the criminal justice in
have developed over time. Likewise, some methodsEngland and Wales can be said to constitute a
that were in use before for punishing and orsystem since every aspect of the system of the
convicting have been abandoned or renderedcriminal justice is clearly documented and all actions
un-ethical. These changes have been pre-eminencepertaining to a trial are well known.
by factors like increasing political reforms worldwide.Through this system, if the police (law enforcement)
In addition, other social, economic and political factorswish to bring a person to trial or prosecution then
have also prompted these changes. Some of thesethey are supposed to charge the defendant and
factors include changing cultures and customs,hand the necessary case papers to The Crown
modernisation or the changes brought about byProsecution Service.
economic advancement as well as changing politicalThe Crown Prosecution Service is supposed to
systems.conduct a review of the evidence submitted and
THE CRIMINAL JUSTICE SYSTEM OF ENGLAND ANDmakes an informed decision of whether there is need
WALES:to prosecute or not. If the evidence provided is not
The criminal justice system of England and Wales isviewed as sufficient to prosecute then The Crown
one of the most influential departments of the publicProsecution Service may fail to prosecute.
service. Within its operations the criminal justiceDespite all of these systems, the accused is also
system is governed through some specialisedprovided some rights. Among these rights, include the
agencies including the ‘national offenderright to legal advice. The accused is also entitled to
management service’ and the department oflegal assistance when he/she is facing a murder
corrections-which administers judgement on guiltycharge. Additionally, if the prosecution appeals to the
persons, the law courts-which try and imposeHouse of Lords, the defendant can be granted legal
judgement on law breakers, ‘the crownaid.
prosecution service’, and the police service-Within the judicial system, an accused is supposed to
which arrest those involved in criminal activities.be forwarded to a court of first instance (the
Within the country the work of these agencies aremagistrate’s courts). Once a case is brought
supervised by three departments of theto the magistrate’s court, the court has to
government, which are The Attorney Generalsdecide whether the case is suitable to be tried in that
Office, The Ministry of Justice, and The Home Office.court and or whether the warring parties has
These agencies and departments work together in aconsented to the case being tried in the court.
symbiotic manner in order to achieve the followingCONCLUSION:
objectives geared towards improving the system ofThe system of criminal justice is one of the most
criminal justice.specialized within England and Wales. Despite its
The prevention and detection of criminal activities:drawbacks, the system has with stood the test of
Provide victims of crime as well as the witnessestime and it will most probably advance with the
involved in legal procedures moral and psychologicalprogression of globalisation.
support.References:
The punishment and the provision of rehabilitationAndrew Ashworth (2005), Sentencing and Criminal
facilities to crime offendersJustice, Cambridge University
In order to achieve their objectives the assistance ofPress, Cambridge.
the Local Criminal Justice Boards is necessary. TheThis book by Andrew Ashworth examines the key
local criminal justice boards usually prioritise areas forissues involved in the process of sentencing policy
reducing crime within the different regions byand practice. It provides a current account of the
administering regional justice. The local criminal justicelegislation within the U K.