The Necessity of a Criminal Justice System

Criminology Essay

Why do we need a criminal justice system?
Alaedin Idris

Student ID: 2840927
Course: 1001CCJ
Convener: Mr. Kerry Wimshurst
Due Date: Wednesday, 12th December 2012
Word count: 1,072
Date submitted: Monday, 10th December 2012

Criminal justice is not to be associated with the court processes in which the verdict is resolved. Justice is defined as being that which is punishment or remuneration in regards to the reached verdict. The establishment of a criminal justice system is comprised of three segments, which include, Law enforcements, courts and correctional facilities. The central function the criminal justice remains to enforce is the deterrence and investigation of crime.
Criminal justice is the key stabilizer in regards to the law and order of society, meaning that if there were to be a strong, unbiased and accountable system that protects the rights of both accused and victims of all ages, creeds and wealth then it would be the foundation of a just and independent society. The criminal justice system was founded many years ago as a method of controlling lower class members of society, although through the years and many political movements the system was improved and accommodated different social classes, which in return provided a just fairness among all citizens.

Criminal matters are brought to the court by a government-prosecuting agency, which is generally the Director of Public Prosecutions, but can also be the Attorney General, the police, regulatory agencies, local councils and traffic camera branches. Different criminal court levels and types are referred to separately because they tend to have disconnected information systems, and varying case flow management practices. (Australian Bureau of Statistics. 2007) The criminal justice system plays a crucial role in society and its control, if the system is to remain comprehensive, non-discriminatory and effective then the implementation of power in regards to the system is essential to maintain a just a coexisting society without the fear of rebellious and dangerous/unethical behavior that would prove to harm the balance. “The criminal justice system has served two purposes. The first is instrumental or utilitarian: the state responds to crime to secure benefits to the wider society such as crime prevention and crime reduction. A second is symbolic or non-utilitarian: the state must redress imbalances caused by those people who take illegal advantage of another or diminish their human dignity” as written in Crime and Justice (2006).

It is evident according to the crime rates presented in the online document Australian Crime Facts and Figures 2011 that crime has increased since 2009 till 2011 by over 2%. This proves that police cannot do their jobs alone and the apprehension of criminals has little effect on the increasing rates. This shows that apprehension is only part of the method used in controlling crime rates, for an effective criminal justice system it must be respected, valued, and effective in its practice on the society. The criminal justice system in a summary represents the official legal response to crime at the apprehension of a convicted suspect.
Criminal behavior is known to be affected by social, economic and other minor factors, as is the criminal justice system, e.g. according to Government expenditure 2012, it is evident that only 9% of the total budget was spent on justice and the remainder on several other social factors with 37% focused on education. This shows that the government alone is not putting enough importance on criminal justice. Although this proves that more emphasis is being placed on the education of society rather than the current criminal activity, therefore providing evidence to state that the system is currently efficient and providing education to deter criminal activity is far for effective in deterring future offenders.

Criminal justice system is improved constantly through the comparability of data across the sector and across jurisdictions, and obtaining quality data about the characteristics of offenders, victims and incidents are important needs where community safety and the effective and efficient administration of justice are concerned. The police deal with criminals effectively although they cannot deter or change the behavior or teach the offender a lesson in relation to the effect of their crime on society that is why the importance of the criminal justice system is evident. The criminal justice system is managed by multiple organizations accordingly; the system consists of police, courts and correctional facilities. Responsibility for the management and facilitation of the government rules and procedures is assigned to each organization according to the needs of society. The criminal justice system was designed for the rational administration of offenders, with a lack of threat of punishment in regards to acts of wrong doing, the crime level in society would develop into substantially greater numbers.
The threat of punishment in regards to a functioning criminal justice system in essential in maintaining social order, since society fear the potential trauma of punishment specified directly by the justice system which provides a deterrent to potential criminals.

The previous justice system was an action-based structure; it focused on apprehending and punishing offenders. Although the current system has developed beyond the simple apprehension and punishment, it focuses on education and rehabilitation of both offenders and the public. This method is applied to deter the offenders or potential offenders and prevent crime from spreading. It is emphasized on protecting the citizens and maintaining peace and social order. Community services also play a crucial part criminal justice system, since police, courts and corrective services provide an extensive focus on controlling crime and reinforcing the law. Community services provide additional support to both offenders and victims, also any family of both parties affected in the incident. The punishment of offenders provided by the criminal justice system has also shown evident changes in terms to the addition of community services, parole options and probations that provide both a benefit to the community and also the offender since they will not have to face jail time.

In conclusion the essential purpose of the criminal justice system is to provide equal justice and education for society, and fair punishments for offenders with the opportunity to rehabilitate. The system provides security to society, and allows a fair system of trial and prosecution so that both victim and offender can come to terms in regards to the committed crime. The major focus of the system is to prevent, reduce, deter and rehabilitate crime, also the provide society with the justice, safety and equal treatment. In the absence of a criminal justice system there would be chaos, fear and a lack of social order, therefore maintaining a fair and respected system provides both moral guidance for society and a level of safety, while maintaining social order.

References

Australian Bureau of Statistics. (2007). National criminal justice statistical framework, Australia, 2007. Canberra: Australian Bureau of Statistics.

Daly, K., 1948, Israel, M., & Goldsmith, A. J., 1955. (2006). Crime and justice: A guide to criminology. Sydney: Lawbook Co.

White, R. D. 1956- (Robert Douglas), & Perrone, S. (2005). Crime and social control. Melbourne, Vic: Oxford University Press.

Hale, C. D. (1994). Police patrol: Operations and management. Englewood Cliffs, NJ: Prentice Hall Career & Technology.

http://www.aic.gov.au/documents/0/B/6/%7B0B619F44-B18B-47B4-9B59-F87BA643CBAA%7Dfacts11.pdf Australian Crime Facts and Figures 2011, viewed 6/12/12

http://www.aic.gov.au/statistics/criminaljustice.html Government expenditure 2012, viewed 6/12/12

References: Australian Bureau of Statistics. (2007). National criminal justice statistical framework, Australia, 2007. Canberra: Australian Bureau of Statistics. Daly, K., 1948, Israel, M., & Goldsmith, A. J., 1955. (2006). Crime and justice: A guide to criminology. Sydney: Lawbook Co. White, R. D. 1956- (Robert Douglas), & Perrone, S. (2005). Crime and social control. Melbourne, Vic: Oxford University Press. Hale, C. D. (1994). Police patrol: Operations and management. Englewood Cliffs, NJ: Prentice Hall Career & Technology. http://www.aic.gov.au/documents/0/B/6/%7B0B619F44-B18B-47B4-9B59-F87BA643CBAA%7Dfacts11.pdf Australian Crime Facts and Figures 2011, viewed 6/12/12 http://www.aic.gov.au/statistics/criminaljustice.html Government expenditure 2012, viewed 6/12/12