Criminal Justice Administration Essay
RETHINKING ON CRIMINAL JUSTICE ADMINISTRATION IN INDIA: Efficacy of Courts under present Criminal Justice Administration .
INTRODUCTION-
“It is perfection of the Administration of the Criminal Justice to take care that the punishment should come to a few and the example to many” – Lloyd Kenyon
Criminal Justice Administration refers to the procedure enhanced with the purpose of enforcing law, adjudicating crime, and correcting criminal conduct. The criminal justice Administration is essentially an instrument of social control where the society considers some actions so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. It is the job of the agencies of justice to prevent these actions by apprehending …show more content…
and punishing transgressors or deterring their future occurrence. Although the society maintains other forms of social control they are designed to deal with moral, not legal, misbehavior. Only the criminal justice system has the power to control crime and punish criminals.
Jonathan Swift had once said, “If the Criminal Justice Administration fails to perform its functions then, laws are cobwebs which may catch small flies but let wasps and hornets breakthrough”
‘Rule of law’, which means that the law and not the wishes of any individual governs the public affairs, presupposes a set of laws including criminal laws to control the actions of the people as well as the State.
The laws should be purposeful, public welfare oriented, unambiguous and practicable and made in an autocratic manner without due consideration for social welfare are liable to degenerate into an engine of oppression.
The Ambiguity or uncertainty in criminal law not only causes inconvenience and irritation to the people but may also create traumatic conditions for a man if the law enforcing agency resorts to arrest or detain him, or seize his property, under the pretext of a legal provision interpreted contrary to its spirit.
CRIMINAL SCENARIO IN INDIA-
‘Criminal justice system’ refers to the structure, functions, and decision processes of agencies that deal with the crime prevention, investigation, prosecution, and punishment and correction criminal justice system. A system, they argue, is an interactive, interrelated, interdependent group of elements performing related functions that make up a complex whole these agencies of criminal justice system are interrelated because what one agency does affects all other functions of the Indian Justice
System.
The present criminal justice system of India is the product of a continuous effort on the part of rulers who controlled the affairs of the country from time to time. In every phase of Indian history the rulers contributed to the development of the criminal justice system.
The main objective of the criminal justice system is to create social harmony and maintain order by enforcing the laws and curbing their violation. For attainment of this objective, a network consisting of the police, bar, judiciary and correctional services constitute the criminal justice system.
Few of the legislations passed in order to maintain the Administration of Crime in India are-
• The Indian Penal Code, 1860
• The Police Act, 1861
• The Code of Criminal Procedure of 1861
• The Indian Evidence Act, 1872
• Indian High Courts Act, 1861
INTRODUCTION-
“It is perfection of the Administration of the Criminal Justice to take care that the punishment should come to a few and the example to many” – Lloyd Kenyon
Criminal Justice Administration refers to the procedure enhanced with the purpose of enforcing law, adjudicating crime, and correcting criminal conduct. The criminal justice Administration is essentially an instrument of social control where the society considers some actions so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. It is the job of the agencies of justice to prevent these actions by apprehending …show more content…
and punishing transgressors or deterring their future occurrence. Although the society maintains other forms of social control they are designed to deal with moral, not legal, misbehavior. Only the criminal justice system has the power to control crime and punish criminals.
Jonathan Swift had once said, “If the Criminal Justice Administration fails to perform its functions then, laws are cobwebs which may catch small flies but let wasps and hornets breakthrough”
‘Rule of law’, which means that the law and not the wishes of any individual governs the public affairs, presupposes a set of laws including criminal laws to control the actions of the people as well as the State.
The laws should be purposeful, public welfare oriented, unambiguous and practicable and made in an autocratic manner without due consideration for social welfare are liable to degenerate into an engine of oppression.
The Ambiguity or uncertainty in criminal law not only causes inconvenience and irritation to the people but may also create traumatic conditions for a man if the law enforcing agency resorts to arrest or detain him, or seize his property, under the pretext of a legal provision interpreted contrary to its spirit.
CRIMINAL SCENARIO IN INDIA-
‘Criminal justice system’ refers to the structure, functions, and decision processes of agencies that deal with the crime prevention, investigation, prosecution, and punishment and correction criminal justice system. A system, they argue, is an interactive, interrelated, interdependent group of elements performing related functions that make up a complex whole these agencies of criminal justice system are interrelated because what one agency does affects all other functions of the Indian Justice
System.
The present criminal justice system of India is the product of a continuous effort on the part of rulers who controlled the affairs of the country from time to time. In every phase of Indian history the rulers contributed to the development of the criminal justice system.
The main objective of the criminal justice system is to create social harmony and maintain order by enforcing the laws and curbing their violation. For attainment of this objective, a network consisting of the police, bar, judiciary and correctional services constitute the criminal justice system.
Few of the legislations passed in order to maintain the Administration of Crime in India are-
• The Indian Penal Code, 1860
• The Police Act, 1861
• The Code of Criminal Procedure of 1861
• The Indian Evidence Act, 1872
• Indian High Courts Act, 1861