Monday, February 25, 2019
Why Do We as a Society Need a Criminal Justice System
Why do we (as a hunting lodge) contend a guilty jurist brass? Introduction As a fellowship at that place is need for a felonious nicety organisation, as it is inherent to put on practice of passablynesss through with(predicate) reveal the population. We hold these judges so people puke non use money or power to benefit themselves. The laws also establish that separately person should fancy their and e actuallyone elses rights and obligations within the community. The culpable arbiter arranging, is a organization of laws and rulings which shelter community members and their property. at that placefore, the laws determine which acts ar venomous and how the offender is punished. (Sallmann, P. nd Wills, J. 1984 savage umpire in Australia, Oxford University Press, Melbourne. ) The iniquitous rightness establishment in Australia create centuries ago, with new forms of punishments added along the way. From then till promptly Australian resolve pay of f interpreted, applied and developed these laws, the Australian parliaments confuse also added to them through canon. (Sallmann, P. and Wills, J. 1984 outlaw umpire in Australia, Oxford University Press, Melbourne. ) Why we need a immoral justice system There atomic number 18 three main divisions in evil justice system, which exists of Police, Courts, and Corrections.Firstly, Police have the responsibility to investigate and pick up malefactors. Secondly, Courts ar responsible for good trial and sentencing. Thirdly, Corrections be responsible for imprisonment and supervision. The main purpose of this system is to manage familiar condom. In Australia we have nine legal systems, comprising eight State or dominion 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 black market out the laws and rulings for the crook justice system. Attorney-Generals De take leavement (AGD) 1995, The referee Statement, AGD, Canberra. ) The poisonous justice systems goals are to run into that legislation and the law is upheld at all times. For example, protecting the innocent, knockout the guilty, preserving assure and peace and protecting victims from further anguish. A nonher goal the iniquitous justice system seems to be focusing on is education for the public regarding execration and rehabilitation of offenders. This method is achieved by deterring offenders or preventing crimes from spreading. Therefore, the goals of the outlaw justice system are to balance venomous activity and crime revention. There is an abundance of people, who think the criminal justice system is non sincerely a system, and that it has always been flawed. It fails to deliver true justice and is expensive and bungling in determining elusions. On the other hand thither are legion(predicate) people who firmly defend the system agai nst such(prenominal) criticism, consider it as only needing little change. As always, the truth lies somewhere in between the two arguments. The criminal justice system is subject to caterpillar tread(prenominal) 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 association of today. As a decree we need to understand that the constabulary only cant everyplacecome all crimes in that respectfore, it cant upsurge with every criminal. The criminal justice system introduced community based programs and institutions to avail build safer communities. Examples of these programs and institutions are, Neighbourhood Watch and familiarity Corrections. Firstly, Neighbourhood Watch is a community based program, which aims to minimise crime within the community. This program requires twain the community and the police working together to accomplish hi s goal. (Neighbourhood Watch, http//www. nhw. com. au/Home) Secondly, Community Corrections is an institution which manages and supervises offenders on community based supervision identifys such as Probation, Pa design, Home Detention, Community Work and Bail. This institution requires the community, Courts and the Parole add-in to all work together, to achieve the optimum result. (Community Corrections http//www. nt. gov. au/justice/corr run/community_corrections/index. shtml) The criminal justice system is a complex mixer steer, the branches of this tree combine fond and economic causes.It is often these other causes that determine the crimes affiliated and the response of the criminal justice system. These creators of crime can be sieve into two main assorts environmental peril of exposure factors and individual risk factors. environmental risk factors include the physical, social, family, community, economic, cultural and political environments in which an individual l ives For example, spunkyer(prenominal) rates of unemployment can have an impact on levels of crime, which in morsel bequeath 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 deplorable justness Statistical Framework, Jul 2001. ) Various researches have addressed distinct outlooks to explain why some people have a criminal tendency. Examples of these outlooks are by Cesare Lombroso and Sigmund Freud. Firstly, Lombroso states that criminals have stigmata, and that these stigmata consist of kinky 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 roughly common element that contributed to criminal behaviour was faulty identification by a child with her or his parents. The improperly socialized child whitethorn develop a personality disturbance that causes her or him to direct antisocial impulses secret or outward. The child who directs them outward becomes a criminal, and the child that directs them inward becomes a neurotic. (Sigmund Freud (1961). ConclusionFor 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, on that point 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 h and in reducing crime, through manner of speaking major offences to justice, or raising the communities confidence.Along with others the justice system exclusively kit and boodle 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 beingnesss are capable of making it. References 1. Sallmann, P. and Wills, J. 1984 Criminal judge in Australia, Oxford University Press, Melbourne. 2.Attorney-Generals 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/corr go/community _corrections/index. shtml) 5. The National Criminal Justice Statist ical Framework, Jul 2001. 6. Cesare Lombroso. (2009). New World Encyclopaedia. 7. Freud, S. (1961). The Complete Works of Sigmund Freud (Vol. 19). capital of the United Kingdom 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 postulate A CRIMINAL JUSTICE SYSTEM? Introduction The criminal justice system is comprised of a basic formation, the law administerment agencies, the courts, and the correctional works. This system has existed since antiquated times and although the three facilities havent 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 regularize and control in todays society.It is a fundamental part of our society and we k promptly 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 pestilential of violence against one another.Although the system has evolved over the years to adjust and match people of different status, class and provide a multicultural view 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 good society would disintegrate and it would be overrun with crime and wrong doing. The law enforcement, the courts and the correc tional arms of the system each take on a responsibility to go after procedures laid down by the politics, who determine what society needs more or little(prenominal) of at any ill-tempered time.From the data below (Government expenditure by sector 2004-2005) we can instead 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 graph is on the face of it 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 pedagogics parents how to help prevent their children from deviating against them, and becoming another statistic.Coming in scrap 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 b order 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 naughtily 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 underlying 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 overtaking 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 fo r 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 stealth and even execution), to lighter punishments such as community services, probationary periods, and release for less serious offences to prison terms for more severe offences. The less serious of offences such as vandalism by a youthful 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 defendants ledger entry a plea of guilty to the offence or to a less serious offence), the defendant may receive a non in carceration condemn 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 massive 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 te chniques, from habitual 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 vie a co-participatory role in the act of crime bar. In mop up 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 snarly 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 re silient for social order and control. References Composition of government expenditure on criminal justice image (2006-2007).Retrieved 26 declination 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, 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 PressWhy 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 crime and criminal justice. This paper wi ll firstly look at the goals of the criminal justice system and how the criminal justice system tries to achieve them. Secondly, this stress 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 resultant 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 o nly form of social control, it is perhaps the most obvious noble 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 open social controls such as family, education, peers and mass media which, on their own are broadly speaking 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, impertinent affairs, and immigration and citizenship (http//www. dfat. gov. au/facts/legal-systems. html). While there are some central legal themes, this arrangement leads to differing expositions 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, magical spell 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 fancy 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 purity of the defendant is determined (Pink, 2007). If guilt is found, the defendant is moved on to the tonic 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 invent 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 in the main due to the fact that these agencies have differing aims. For example, the police perform necessary duties to engender 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 dishonor 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 utility(a) would not protect people from the abuses of state power (Daly, 2006) through corruption, deviate 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 image of the criminal justice system is important to achieving the goals that it has set out. In fact, the alike(p) 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 Governmen t 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.