| http-equiv="Content-Type" content="text/html; | | | | boards are usually charged with the following |
| charset=utf-8"> | | | | de-regulated tasks: |
| To what extent can the structure and processes of | | | | Improving 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 very | | | | the task of improving the quality of service provided |
| complex. In order to deal appropriately with potential | | | | to witnesses and victims of criminal actions. |
| or existing criminal activity different procedures and | | | | These boards are also charged with the role of |
| processes are involved. In this essay, I will explain the | | | | improving and advancing the level of public confidence |
| criminal justice system to the extent of its structure | | | | in the system of criminal justice. |
| and processes, creating a mental image to show how | | | | The existing legal system in England and Wales is |
| the criminal justice system is working and | | | | usually 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 the | | | | disclose all relevant information pertaining to a case |
| theories and practices of the law courts, the police | | | | to 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 process | | | | In 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 the | | | | crimes is usually based on the seriousness or the |
| maintenance of control within human societies(social | | | | gravity of the crime. In addition, the classification may |
| control), the prevention and control of violent | | | | be based on the procedure used in bringing the case |
| behaviours or crime, the prosecution, sanctioning or | | | | to trial or before a judge. For example in a |
| imprisonment of those who are involved in crime(law | | | | magistrate’s court, a case may only be |
| violators). | | | | brought forward through a system of indictment. In |
| When dealing with accused persons or groups of | | | | addition, the case may be classified according to the |
| persons through the system of criminal justice the | | | | availability of what is called the sanction of |
| government is usually charged with the responsibility | | | | imprisonment. A crime may also be classified in terms |
| of working within the laid down framework of the | | | | of the department of home office’s standard |
| constitution through the laws that are set up to | | | | list of serious crimes. |
| protect human rights. | | | | The current age of criminal responsibility in both |
| Criminal justice is a multi disciplinary field that | | | | England 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 the | | | | usually 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 examine | | | | available to the youth courts are inherently more |
| the legal framework or system within the broad | | | | restricted as compared to the sanctions imposed in |
| psychological and socio-political framework and goes | | | | adult courts. The major difference between the two |
| ahead to explore how this so said framework | | | | is that while an adult charged in an adult court will |
| influence the actions, activities and actors of the | | | | have 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 evolving | | | | addition, a person under the age of 18 may be |
| system since ancient times. Within this process, new | | | | imposed supervision or attendance centre orders. |
| ways of finding evidence, sentencing and punishment | | | | The structure and processes of the criminal justice in |
| have developed over time. Likewise, some methods | | | | England and Wales can be said to constitute a |
| that were in use before for punishing and or | | | | system since every aspect of the system of the |
| convicting have been abandoned or rendered | | | | criminal justice is clearly documented and all actions |
| un-ethical. These changes have been pre-eminence | | | | pertaining 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 factors | | | | wish to bring a person to trial or prosecution then |
| have also prompted these changes. Some of these | | | | they 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 by | | | | Prosecution Service. |
| economic advancement as well as changing political | | | | The Crown Prosecution Service is supposed to |
| systems. | | | | conduct a review of the evidence submitted and |
| THE CRIMINAL JUSTICE SYSTEM OF ENGLAND AND | | | | makes 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 is | | | | viewed as sufficient to prosecute then The Crown |
| one of the most influential departments of the public | | | | Prosecution Service may fail to prosecute. |
| service. Within its operations the criminal justice | | | | Despite all of these systems, the accused is also |
| system is governed through some specialised | | | | provided some rights. Among these rights, include the |
| agencies including the national offender | | | | right to legal advice. The accused is also entitled to |
| management service’ and the department of | | | | legal assistance when he/she is facing a murder |
| corrections-which administers judgement on guilty | | | | charge. Additionally, if the prosecution appeals to the |
| persons, the law courts-which try and impose | | | | House of Lords, the defendant can be granted legal |
| judgement on law breakers, the crown | | | | aid. |
| 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 are | | | | magistrate’s courts). Once a case is brought |
| supervised by three departments of the | | | | to the magistrate’s court, the court has to |
| government, which are The Attorney Generals | | | | decide 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 a | | | | consented to the case being tried in the court. |
| symbiotic manner in order to achieve the following | | | | CONCLUSION: |
| objectives geared towards improving the system of | | | | The 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 witnesses | | | | time and it will most probably advance with the |
| involved in legal procedures moral and psychological | | | | progression of globalisation. |
| support. | | | | References: |
| The punishment and the provision of rehabilitation | | | | Andrew Ashworth (2005), Sentencing and Criminal |
| facilities to crime offenders | | | | Justice, Cambridge University |
| In order to achieve their objectives the assistance of | | | | Press, Cambridge. |
| the Local Criminal Justice Boards is necessary. The | | | | This book by Andrew Ashworth examines the key |
| local criminal justice boards usually prioritise areas for | | | | issues involved in the process of sentencing policy |
| reducing crime within the different regions by | | | | and practice. It provides a current account of the |
| administering regional justice. The local criminal justice | | | | legislation within the U K. |