Why Do We Need a Criminal Justice System?

Introduction It is not always clear why a criminal justice system is needed or indeed what it contributes to the functioning of a society. In the discussion that will follow, it will be argued that there are essentially four reasons why we do need to have a criminal justice system. First, it upholds the freedoms of individuals and maintenance of public order. Second, a criminal justice system instils fear in people and thus deterring illegal activities. Third, a good justice system provides rehabilitation and reform to criminals. Fourth, it educates society on processes conducted at every level of law and order, therefore ensuring that all stages of the criminal justice system connect with each other without fear or favour. It will be demonstrated, in this paper, that to achieve a just and equitable society, a robust and accountable criminal justice system is required.
Discussion
The first argument for the necessity of a criminal justice system is the sustainment of public order and the preservation of individuals’ freedoms. This protection ensures the freedom of people which would otherwise live in fear and consequently have their liberties greatly curtailed (Daly, Israel & Goldsmith, 2006). Most of what is striven for by the criminal justice system, in a liberal-democratic society, includes equity, fairness and appropriateness in everyday activities of the individual (Bryett, Caswell & Shaw, 1993). Examples through history show that a society without a criminal justice system would become anarchic and ungovernable as there would be no central law and order structure and rule of law to control citizens, as commoners and leaders alike, who commit crimes, would not be answerable to any system (Smith & Natalier, 2005). Consequently without a functional criminal justice system, common order and the very freedoms that most modern societies experience would not and could not be upheld. The second argument is that the criminal justice system, with it

References: Bryett, K., Craswell, E., Harrison, A. & Shaw, J. (1993). An Introduction to Policing: Vol. 1: Criminal Justice in Australia. Sydney: Butterworths. Daly, K., Israel, M. & Goldsmith, A. (2006). Aims of the Criminal Justice System, Crime and Justice: A Guide to Criminology, 3rd ed., Lawbook Co, Sydney, pp. 265-281. Equality and Human Rights Commission, (2010). Criminal Justice System. Retrieved from Haney, C. (2008). Prison: Harmful Consequences and Dysfunctional Reactions. Testimony of Professor Craig Haney. Retrieved from http://www.prisoncommission.org/statements/haney_craig.pdf Heseltine, K., Day, A. & Sarre, R. (2009). Prison-based correctional offender rehabilitation programs: The 2009 national picture in Australia. Executive Summary. Retrieved from http://www.aic.gov.au/documents/5/6/4/%7B564B2ECA-4433-4E9B-B4BA-29BD59071E81%7Drpp112.pdf Robinson, M. & Williams, M. (2009). The myth of a Fair Criminal Justice System. Justice Policy Journal. Vol 1(1). Retrieved from