Why Do We as a Society Need a Criminal Justice System

Why do we (as a society) need a criminal justice system? Introduction As a society there is need for a criminal justice system, as it is essential to have laws throughout the population. We have these laws so people cannot use money or power to benefit themselves. The laws also establish that each person should understand their and everyone else’s rights and obligations within the community. The criminal justice system, is a system of laws and rulings which protect community members and their property. Therefore, the laws determine which acts are criminal and how the offender is punished. (Sallmann, P. nd Wills, J. 1984 Criminal Justice in Australia, Oxford University Press, Melbourne. ) The criminal justice system in Australia formed centuries ago, with new forms of punishments added along the way. From then till now Australian judges have interpreted, applied and developed these laws, the Australian parliaments have also added to them through legislation. (Sallmann, P. and W ills, J. 1984 Criminal Justice in Australia, Oxford University Press, Melbourne. ) Why we need a criminal justice system There are three main divisions in criminal justice system, which exists of Police, Courts, and Corrections. Firstly, Police have the responsibility to investigate and apprehend criminals. Secondly, Courts are responsible for fair trial and sentencing. Thirdly, Corrections are responsible for imprisonment and supervision. The main purpose of this system is to manage public safety. In Australia we have nine legal systems, comprising eight State or Territory systems and one federal system. Most of the administration of courts, the legal profession and legislation occurs in the States and Territories. Therefore, each State and Territory is responsible to carry out the laws and rulings for the criminal justice system. Attorney-General's Department (AGD) 1995, The Justice Statement, AGD, Canberra. ) The criminal justice system's goals are to ensure that legislation and the law is upheld at all times. For example, protecting the innocent, punishing the guilty, preserving order and peace and protecting victims from further anguish. Another goal the criminal justice system seems to be focusing on i s education for the public regarding crime and rehabilitation of offenders. This method is achieved by deterring offenders or preventing crimes from spreading. Therefore, the goals of the criminal justice system are to balance criminal activity and crime revention. There is an abundance of people, who think the criminal justice system is not really a system, and that it has always been flawed. It fails to deliver true justice and is expensive and incompetent in determining cases. On the other hand there are many people who firmly defend the system against such criticism, viewing it as only needing little change. As always, the truth lies somewhere in between the two arguments. The criminal justice system is subject to continual criticism. Many of its qualities, such as the wearing of gowns and wigs, are seen to imitate a system which is outdated, hiding in old traditions and rocedures and out of touch with the society of today. As a society we need to understand that the police alon e can’t overcome all crimes therefore, it can’t deal with every criminal. The criminal justice system introduced community based programs and institutions to help build safer communities. Examples of these programs and institutions are, Neighbourhood Watch and Community Corrections. Firstly, Neighbourhood Watch is a community based program, which aims to minimise crime within the community. This program requires both the community and the police working together to accomplish his goal. (Neighbourhood Watch, http://www. nhw. com. au/Home) Secondly, Community Corrections is an institution which manages and supervises offenders on community based supervision orders such as Probation, Parole, Home Detention, Community Work and Bail. This institution requires the community, Courts and the Parole Board to all work together, to achieve the optimum result. (Community Corrections http://www. nt. gov. au/justice/corrservices/community_corrections/index. shtml) The criminal justi ce system is a complex social tree, the branches of this tree combine social and economic causes. It is often these other causes that determine the crimes committed and the response of the criminal justice system. These creators of crime can be sorted into two main groups: environmental risk factors and individual risk factors. Environmental risk factors include the physical, social, family, community, economic, cultural and political environments in which an individual lives For example, higher rates of unemployment can have an impact on levels of crime, which in turn will affect all sectors of the criminal justice system. Individual risk factors include mental and physical health status, demographic and ocioeconomic characteristics, attitudes and beliefs, and lifestyles and behaviour. These individual risk factors must also be considered when looking at the broader context of the criminal justice systems. (The National Criminal Justice Statistical Framework, Jul 2001. ) Various researches have addressed different outlooks to explain why some people have a criminal tendency. Exa mples of these outlooks are by Cesare Lombroso and Sigmund Freud. Firstly, Lombroso states that criminals have stigmata, and that these stigmata consist of abnormal dimensions of the skull and jaw. Lombroso even claimed that different criminals have different physical characteristics which he could discern. (Cesare Lombroso. (2009). Secondly, Sigmund Freud hypothesized that the most common element that contributed to criminal behaviour was faulty identification by a child with her or his parents. The improperly socialized child may develop a personality disturbance that causes her or him to direct antisocial impulses inward or outward. The child who directs them outward becomes a criminal, and the child that directs them inward becomes a neurotic. (Sigmund Freud (1961). Conclusion For a society to work it needs to have a level of structure, that is applied and understood by everyone. Laws within the criminal justice system create that structure and regulate the way in which people and organisations behave. If we did not have a criminal justice system, there would be a lot of chaos, within the systems of management and crime control. Therefore, if there is no threat for punishment, the level of crime within the society could be quiet high. The major goals in criminal justice tend to be creating a helping hand in reducing crime, through bringing major offences to justice, or raising the communities confidence. Along with others the justice system works towards preventing crime or helping offenders turn away from committing a crime. (Goldsmith, Israel and Daly 2006) Therefore, the criminal justice system is to create balance throughout society. We as a society need this system, to protect people within our communities from crime and preventing crime. Is the system fair? No. But the criminal justice system can only be as fair as human beings are capable of making it. References 1. Sallmann, P. and Wills, J. 1984 Criminal Justice in Australia, Oxford University Press, Melbourne. 2. Attorney-General's Department (AGD) 1995, The Justice Statement, AGD, Canberra. 3. (Neighbourhood Watch, http://www. nhw. com. au/Home) 4. (Community Corrections http://www. nt. gov. au/justice/corrservices/community _corrections/index. shtml) 5. The National Criminal Justice Statistical Framework, Jul 2001. 6. Cesare Lombroso. (2009). New World Encyclopaedia. 7. Freud, S. (1961). The Complete Works of Sigmund Freud (Vol. 19). London: Hogarth. 8. Goldsmith, Israel and Daly 2006, Crime and Justice: An Australian Textbook in Criminology (3rd Edition) Sydney: Lawbook Company. Why Do We as a Society Need a Criminal Justice System? WHY DO WE AS A SOCIETY NEED A CRIMINAL JUSTICE SYSTEM? Introduction The criminal justice system is comprised of a basic formation, the law enforcement agencies, the courts, and the correctional services. This system has existed since ancient times and although the three facilities haven’t completely been replaced over the centuries, there has been a lot of change and amendment to how the system is used to investigate, deter, and keep order and control in today’s society. It is a fundamental part of our society and we know that comprehensive, effective, and nondiscriminatory implementation of criminal justice system powers is essential to ending violence, both for freeing individual and for ending the worldwide epidemic of violence against one another. Although the system has evolved over the years to adjust and accommodate people of different status, class and provide a multicultural aspect to society, just as any other system there will always be some impediments and inconsistencies such as, financial restraints, inequality, selective law enforcement and public influence such as media ideas and images of crime. Why we need a criminal justice system It would be unrealistic of people in society to believe every crime could be prevented and every criminal caught and incarcerated. Its however not unrealistic to expect to live in a safe society that is provided with equality, fairness, and is reliable and respected. Without the criminal justice system the entire society would disintegrate and it would be overrun with crime and wrong doing. The law enforcement, the courts and the correctional arms of the system each take on a responsibility to follow procedures laid down by the government, who determine what society needs more or less of at any particular time. From the data below (Government expenditure by sector 2004-2005) we can quite clearly see how the criminal justice system has changed in order to meet the needs of society; this is an example of how the government prioritises the needs of society at any particular time. The education sector of the chart is obviously the highest in priority which shows that government is now trying a different perspective as was used years ago by now educating the public and society on how to help prevent crime themselves and teaching parents how to help prevent their children from deviating against them, and becoming another statistic. Coming in second to education is the health expenditure which shows that there is quite a high need for medical and health attention for those that come in contact with the criminal justice system. The government is becoming more aware of the need for chances of rehabilitation for mentally ill and suicidal persons, where these issues are not now seen as a crime but now as a personal issue and the government is now taking it extremely seriously the need for a solution and not punishment to their mental states which may have led them to their criminal ways instead of punishing them for their illness. As we see community services are the next most important thing the government is seeing as a need in the criminal justice system. The law enforcement, courts and correctional facilities only deal with the law and order in society and maintaining social control, but without the community services (Eg: Housing, education, financial services, legal services) the people going into and coming out of the criminal justice system would have nowhere to go for support. The community services is a crucial element to the criminal justice system for the individuals of crime, the families and everyone affected, by providing the additional support needed. The system for punishment has changed many times over the decades the criminal justice system has been around, from corporal punishment (whipping, removing of hands for theft and even execution), to lighter punishments such as community services, probationary periods, and parole for less serious offences to prison terms for more severe offences. The less serious of offences such as vandalism by a juvenile will more than likely obtain a community service punishment to remove or fix the damage caused there by ridding the community of the vandalism and educating the convicted, in turn the convicted is less likely to reoffend. So in most cases such as theft, vandalism, and minor assault cases, if the case is finalised in court by conviction (typically by a defendant's entering a plea of guilty to the offence or to a less serious offence), the defendant may receive a non incarceration sentence such as parole, community service or probation. From this narrowing of cases Daly et al. (2006) p 275 found from a large number experienced by victims to a trickle of defendants convicted and sanctioned has the appearance of a funnel and saves resources and space in prisons and other correctional facilities for the more serious defendants. As the above pie chart (Composition of government expenditure on criminal justice 2006-2007) shows us the police services are at the head position of the overall expenditure of the three arms of the criminal justice system. The government is aware of the vast need for more funds into the policing sector, for the fact this arm is the division that provides the law and order and is out there addressing the issues that are affecting society and apprehending the criminals in, to ensure the criminal justice system continues to function in a fair and equally sufficing way. The police have moved to further advance their policing techniques, from general law enforcement to ‘Community policing’, which focuses more on ‘conciliatory rather than a coercive approach to police work’, which involves the community and individuals in playing a co-participatory role in the act of crime prevention. In conclusion the overall principle of the criminal justice system is to provide justice for everyone in society and to keep society safe and in order by convicting the criminals and rehabilitating them not to offend again, and to support them as the re-enter society. The criminal justice system works with other organisations to help prevent crime and bring those who to offend to justice and also educating society and keeping them involved in ways they can help. Even with the inconsistencies and impediments, without a criminal justice system, societies all over the world would be overrun with chaos and society would cease to function. In order to keep society smooth running and the people safe maintenance of the criminal justice system is vital for social order and control. References Composition of government expenditure on criminal justice [image] (2006-2007). Retrieved 26 December 2011, from http://www. aic. gov. au/statistics/criminaljustice. aspx Daly, Kathleen; Israel, Mark ; Goldsmith, Andrew John. (2006) Crime and Justice: A guide to criminology, 3rd Ed. Sydney: Lawbook Co. Ch. 13 Daly, Kathleen, â€Å"Aims of the Criminal Justice system† p275 Government expenditure by sector [image] (2004-2005). Retrieved 26 December 2011, from http://www. aic. gov. au/statistics/criminaljustice. aspx Perrone, S. , ; White, R. (2010) Crime Criminality ; Criminal Justice (1st Ed. ) Oxford: Oxford University Press Why Do We as a Society Need a Criminal Justice System? Why do we (as a society) need a criminal justice system? Everyday, society is the respondent to rules and procedures that shape the way we interact with one another. Perhaps the most defining rules and procedures are those that deal with criminality and criminal justice. This paper will firstly look at the goals of the criminal justice system and how the criminal justice system tries to achieve them. Secondly, this essay will examine how the criminal justice system functions and whether this is effective in achieving the goals it sets out. Perhaps the most obvious goal of the criminal justice system is to respond to crime. This goal is fulfilled through the apprehension of those who perpetrate crimes, and the subsequent punishment of these offenders. However, when looking at the full scope of the functions of the criminal justice system, it further aims to prevent crime and promote personal and community safety (Pink, 2007). In summary, the basic function of the criminal justice system is social control (Bryett, Crasswell, Harrison, Arch, & Shaw, 1993). Social controls dictate what behaviours are acceptable in society, so as to ensure the best interests of society as a whole are maintained (Bryette, et. al. , 1993). While the criminal justice system is not the only form of social control, it is perhaps the most obvious formal control. The government criminalizes activities and behaviours that are deemed to be harmful to society. This government then gives the criminal justice system the power and resources to enforce these laws and punish those who do not conform (Bryett, et al. , 1993). This formal control is used to reinforce informal social controls such as family, education, peers and mass media: which, on their own are generally quite effective social controls. However, informal controls alone cannot be relied upon to enforce criminal justice processes, therefore the state imposes the powers of the criminal justice system to regulate society. The Australian criminal justice system is based on the belief that all people are treated equally in the eyes of the law. Concepts such as separation of powers, judicial precedent and fair procedures are key to the Australian riminal justice system (http://www. dfat. gov. au/facts/legal-systems. html). In Australia, each state and territory governs its own set of criminal laws, enforcement, adjudicative and correctional systems (Earle, Sarre, & Tomaino, 1999), with the federal government making laws on trade and commerce, taxation, defense, external affairs, and immigration and citizenship (http://www. dfat. gov. au/facts/l egal-systems. html). While there are some central legal themes, this arrangement leads to differing definitions of offences and appropriate sentencing (Earle, Sarre, & Tomaino, 1999). Each of these state and federal governments are comprised of 3 separate branches of government: legislative, executive and judicial. The legislative arm of the government makes laws, while the executive government administers the laws, and the judiciary independently interprets these laws and applies them (http://www. dfat. gov. au/facts/legal-systems. html). This concept is known as the separation of powers, and was employed to prevent one group having the power to be judge, jury and executioner in the criminal justice process (Hayes & Prenzler, 2009). The criminal justice system is also made up of three core elements: police, courts and corrections. Police are the first response in the criminal justice system and are responsible for crime prevention and detection, maintaining public order and providing emergency assistance. They are also responsible for apprehending suspects to be processed through the next phase of the criminal justice system, the courts (Hayes & Prenzler, 2009). It is the role of the criminal courts to adjudicate cases brought before them. It is here that the guilt or innocence of the defendant is determined (Pink, 2007). If guilt is found, the defendant is moved on to the corrective services, which administers the sentence brought down by the court. This can result in being taken into custody, community work, or rehabilitation (Pink, 2007). While these three systems are connected to each other, they also have their own agendas, leading many to query the phrase ‘criminal justice system’ (Daly, 2006). Daly (2006) describes an accurate definition for the term ‘system’ as a collection of interdependent agencies’, each having its’ own function. Prenzler & Sarre (2009) note that the current criminal justice system shows very little systematic or authoritative co-ordination between the various agencies. This is mainly due to the fact that these agencies have differing aims. For example, the police perform necessary duties to capture and detain suspects, while the courts work to protect the rights of the defendant, in some cases going so far as to discredit the police if they fail to follow correct procedures (Daly, 2006). These differences sometimes lead to what is seen to be lenient sentencing, and can reduce public confidence in the criminal justice system (Hayes & Prenzler, 2009). However, while some people may believe that the components of the criminal justice system as we know it are contradictory and in some cases inefficient, the alternative would not protect people from the abuses of state power (Daly, 2006) through corruption, bias and a monopoly of power. As stated earlier, the aim of the criminal justice system is to prevent crime, respond to crime, punish crime and protect the community in a fair and just manor to all people. While the phrase ‘criminal justice system’ may cause debate about its accuracy in defining the criminal justice process that Australia adheres to, the concept of the criminal justice system is important to achieving the goals that it has set out. In fact, the same notion that encourages people to report that the criminal justice system is not a system, is the very notion that allows the criminal justice system carry out its’ objectives. The criminal justice system as we know it is a strong formal social control and, in conjunction with informal social controls, is essential to provide a moral and democratic society. References Australian Government: Department of Foreign Affairs and Trade. (2011). About Australia. Retrieved 20 December 2011 from http://www. dfat. gov. au/facts/legal_systems. html Bryett, K. , Crasswell, E. , Harrison, Arch, & Shaw, J. (1993). An Introduction to Policing: Vol 1: Criminal Justice in Australia. Sydney: Butterworths. Daly, K. , Isreal, M. , & Goldsmith, A. J. (2006). Crime and Justice: A Guide to Criminology (3rd Ed. ). Sydney: Lawbook Co. Prenzler, T. & Sarre, R. (2009). The Criminal Justice System. In H. Hayes. , & T. Prenzler. (Ed. ). (2009). An Introduction to Crime and Criminology (2nd Ed. ). New South Wales: Pearson Education Australia. Pink, B. (2007). National Criminal Justice Statistical Framework. Canberra: Australian Bureau of Statistics. Sarre, R. , & Tomaino, J. A. (1999). Exploring Criminal Justice: Contemporary Australian Themes. Adelaide: South Australian Institute of Justice Studies.