Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Criminal Justice shopping experience:
1. Compare - without doubt the biggest advantage that the Criminal Justice offers shoppers today is the ability to compare thousands of Criminal Justice at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Criminal Justice? Wrong! If the Criminal Justice is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Criminal Justice then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Criminal Justice? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Criminal Justice and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Criminal Justice wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Criminal Justice then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Criminal Justice site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Criminal Justice, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Criminal Justice, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
Criminal justice is the system of legislation, practices, and organizations, used by government or the state, which are all directed to maintain social control,
Deterrence (legal) and control crime, and sanctioning those who violate
laws. The primary agencies charged with these responsibilities are police (law enforcement),
courts, and
corrections which administers punishment for those found guilty. When processing the accused through the criminal justice system, government must keep within the framework of laws that protect individual rights. The pursuit of criminal justice is, like all forms of "
justice", "fairness" or "process", essentially the pursuit of an ideal. Throughout history, criminal justice has taken on many different forms which often reflect the cultural mores of society.
History of criminal justice
The modern criminal justice system has evolved since
ancient times, with new forms of
punishment, added rights for offenders and victims, and
policing reforms. These developments have reflected changing customs, political ideals, and economic conditions. In ancient times through the Middle Ages,
exile was a common form of punishment. During the Middle Ages, payment to the victim (or their family), known as wergild, was another common punishment, including for violent crimes. For those who could not afford to buy their way out of punishment, harsh penalties included various forms of corporal punishment. These included
mutilation,
human branding, and
flogging, as well as
execution.
Though a prison, Le Stinche, existed as early as the 14th century in
Florence, Italy ,
incarceration was not widely used until the 19th century. Correctional reform in the United States was first initiated by William Penn, towards the end of the 17th century. For a time, Pennsylvania's criminal code was revised to forbid torture and other forms of cruel punishment, with
jails and
prisons replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from a group of
Quakers, these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvania's crime rate. John Howard (prison reformer) undertook important studies of prisons during the 1770s in the United Kingdom, and
Patrick Colquhoun, Henry Fielding and others led significant reforms during the late eighteenth and early nineteenth centuries.
Modern police
The first
Modernity police force is commonly said to be the London
Metropolitan Police Service, established in 1829 by Sir Robert Peel, which promoted the Preventive police role of police as a deterrent to urban
crime and disorder. In the United States, police departments were first established in Boston in 1838, and New York City in 1844. Early on, police were not respected by the community, as
Police corruption was rampant.
In the 1920s, led by
Berkeley, California police chief, August Vollmer and
O.W. Wilson, police began to professionalize, adopt new technologies, and place emphasis on training and professional qualifications of new hires. Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and the community. Following urban unrest in the 1960s, police placed more emphasis on community relations, enacted reforms such as increased diversity in hiring, and many police agencies adopted community policing strategies.
In the 1990s,
CompStat was developed by the New York Police Department as an information-based system for tracking and crime mapping crime patterns and trends, and holding police accountable for dealing with crime problems. CompStat has since been replicated in police departments across the United States and around the world, with problem-oriented policing, intelligence-led policing, and other information-led policing strategies also adopted.
Goals
In the United States, criminal justice policy has been guided by the 1967 President's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report "The Challenge of Crime in a Free Society." This report suggested over 200 recommendations as part of a comprehensive approach toward the prevention and fighting of crime. Some of those recommendations found their way into the Omnibus Crime Control and Safe Streets Act of 1968. The Commission advocated a "systems" approach to criminal justice, with improved coordination among law enforcement, courts, and correctional agencies. The President's Commission defined the criminal justice system as the means for society to "enforce the standards of conduct necessary to protect individuals and the community".{{cite book ] and Wales aims to "reduce crime by bringing more offences to justice, and to raise public confidence that the system is fair and will deliver for the law-abiding citizen." In Canada, the criminal justice system aims to balance the goals of crime control and prevention, and justice (equity, fairness, protection of individual rights). In
Sweden, the overarching goal for the criminal justice system is to reduce crime and increase the security of the people.
Law
LawFrom
Old English lagu "something laid down or fixed";
legal comes from Latin
legalis, from
translating "law" to other European languages "law", "statute" ( Law, Online Etymology Dictionary; Legal, Mirriam-Webster's Online Dictionary) is a system of rules usually enforced through a set of institutions. The purpose of law is to provide an objective set of rules for governing conduct and maintaining order in a society.
The oldest known codified law is the Code of Hammurabi, which was established circa 1760 BC in ancient Mesopotamia. Throughout history laws have been handed down by many different organizations. In ancient Rome for example, laws had to be voted on by a
Roman Senate before taking effect. Throughout the Dark Ages and Middle Ages laws were often created or abolished according to the whim of the ruling nobility. In different parts of the world, law could be established by Legalism (Chinese philosophy) or theocracy. In the modern world, laws are typically created and enforced by governments. These codified laws may coexist with or contradict other forms of social control, such as religious proscriptions, professional rules and ethics, or the cultural mores and customs of a society.
Within the realm of codified law, there are generally two forms of law that the courts are concerned with. Private law are rules and regulations which govern transactions and grievances between individual citizens. Criminal law is concerned with actions which are dangerous or harmful to society as a whole, in which prosecution is pursued not by an individual but rather by the state. The purpose of criminal law is to provide the specific definition of what constitutes a crime and to proscribe punishments for committing such a crime. No criminal law can be valid unless it includes both of these factors. The subject of criminal justice is, of course, primarily concerned with the enforcement of criminal law.
Criminal justice system
The criminal justice system consists of law enforcement (
police),
courts, and
corrections. Criminal justice agencies operate within
rule of law.
Policing
The first contact an
offender has with the criminal justice system is with the police (or
law enforcement) who make the
arrest. Police or law enforcement agencies and officers are empowered to use force and other forms of legal coercion and legal means to effect public and social order. The term is most commonly associated with police departments of a
state that are authorized to exercise the
police power of that state within a defined legal or territorial area of responsibility. The word comes from the Latin
politia (“civil administration”), which itself derives from the
Ancient Greek πόλις, for
polis ("city"). The first police force comparable to the present-day police was established in 1667 under King Louis XIV in France, although modern police usually trace their origins to the 1800 establishment of the Marine Police Force in London, the
City of Glasgow Police, and the
Napoleon I of France Prefecture of Police.{{cite web| title =La Lieutenance Générale de Police| work =La Préfecture de Police fête ses 200 ansJuillet 1800 - Juillet 2000| publisher =La Préfecture de Police au service des Parisiens| url =http://www.prefecture-police-paris.interieur.gouv.fr/documentation/bicentenaire/theme_expo1.htm| accessdate =-->
The notion that police are primarily concerned with enforcing
criminal law was popularized in the 1930s with the rise of the Federal Bureau of Investigation as the pre-eminent "
law enforcement agency" in the
United States; this however has only ever constituted a small portion of policing activity. Policing has included an array of activities in different contexts, but the predominant ones are concerned with
public order and the provision of services.
Courts
The
courts serve as the venue wherein disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical players in any court setting. These include the judge,
prosecutor, and the
defense attorney. The judge, or magistrate, is a person knowledgeable in the law whose function is to objectively administrate the legal proceedings and offer a final decision on how a case is disposed.
In America and most other nations, guilt or innocence is decided through the adversarial system. In this system, two parties will both offer their version of events and argue their case before the court. Truth is decided by which party offers the argument which is more sound and compelling.
The prosecutor is the lawyer who brings charges against a criminal. It is the prosecutor's duty to explain to the court what crime was committed and to detail what
evidence has been found which incriminates the accused. The prosecutor should not be confused with a
plaintiff or plaintiff's council. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who accuses criminals while the plaintiff is the complaining party in civil disputes.
A defense attorney counsels the accused on the legal process and, at trial, will attempt to offer a rebuttal to the prosecutor's accusations. It is the defense attorney's duty to present exculpatory evidence and argue on behalf of their client. In modern America, all accused criminals are offered the assistance of a defense attorney. Those who cannot afford a private attorney may be provided one by the state. Historically, however, the right to a defense attorney has not always been universal. For example, in
Tudor England criminals accused of treason were not permitted to offer arguments in their defense.
The final determination of guilt or innocence is typically made by a third party. This party may come in the form of a judge, a panel of judges, or a jury panel composed of disinterested citizens. This process varies depending on the laws of the specific jurisdiction. In some places the panel (be it judges or a jury) is required to issue a unanimous decision while in others only a majority vote is required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. Other nations do not use juries at all, or rely on theological or military authorities to issue verdicts.
Some cases can be disposed of without the need for a trial decision at all. If the accused confesses their guilt, the entire process may be circumvented and the verdict will quickly be rendered. Some nations, such as America, allow plea bargaining in which the accused pleads neither guilty or not guilty, but accepts a reduced punishment in exchange for their cooperation. This reduced sentence is a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing coerces innocent people to plead out in an attempt to avoid a harsh punishment.
The entire trial process, whatever the country, is fraught with problems and criticisms.
Bias and discrimination form an ever-present threat to an objective decision. Any prejudice on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility. Some people argue that the often byzantine rules governing courtroom conduct and processes restrict a layman's ability to participate, essentially reducing the argument process to a battle between the lawyers. In this case, the criticism is that the decision is based less on sound justice and more on the lawyer's eloquence and
charisma. The jury process is another area of frequent criticism, as there are few mechanisms to guard against poor judgment or incompetence on the part of the layman jurors.
Corrections
Offenders are then turned over to the corrections authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration of punishment has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons,
exile and
execution were the primary forms of punishment. Historically shame punishments and dismemberment have also been used as forms of censure.
The most publicly visible form of punishment in the modern era is the prison. Prisons may serve as detention centers for prisoners both before, during, and after trial. Early prisons were used primarily to sequester criminals and little thought was given to living conditions within their walls. In America, the Quaker movement is commonly credited with establishing the idea that prisons should be used to reform criminals. This can also been seen as a critical moment in the debate regarding the purpose of punishment.
Punishment (in the form of prison time) may serve a variety of purposes. First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to perpetrate further crimes. Many societies also view prison terms as a form of revenge or retribution, and any harm or discomfort the prisoner suffers is "payback" for the harm they caused their victims. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. Many modern prisons offer schooling or job training to prisoners as a chance to learn a vocation and thereby earn a legitimate living when they are returned to society. Religious institutions also have a presence in many prisons, with the goal of teaching ethics and instilling a sense of morality in the prisoners.
There are numerous other forms of punishment which are commonly used in conjunction or in place of prison terms. Monetary fines are one of the oldest forms of punishment still used today. These fines may be paid to the state or to the victims as a form of reparation.
Probation and
house arrest are also sanctions which seek to limit a person's mobility and their opportunities to commit crimes without actually placing them in a prison setting. Many jurisdictions may require some form of public service as a form of reparations for lesser offenses.
Execution or capital punishment is still used around the world. Its use is one of the most heavily debated aspects of the criminal justice system. Some societies are willing to use executions as a form of political control, or for relatively minor misdeeds. Other societies reserve execution for only the most sinister and brutal offenses. Others still have outlawed the practice entirely, believing the use of execution to be excessively cruel or hypocritical.
Academic discipline
Criminal justice is distinct from the field of
criminology, which involves the study of crime as a social phenomena, causes of crime, criminal behavior, and other aspects of crime. Criminal justice emerged as an academic discipline in the 1920s, beginning with Berkeley, California police chief
August Vollmer who established a criminal justice program at the
University of California, Berkeley in 1916. Vollmer's work was carried on by his student, Orlando Winfield Wilson, who led efforts to professionalize policing and reduce Police corruption. Other programs were established in the United States at
Indiana University (Bloomington), Michigan State University, San Jose State University, and the University of Washington. As of 1950, criminal justice students were estimated to number less than 1,000. Until the 1960s, the primary focus of criminal justice in the United States was on policing and police science.
Throughout the 1960s and 1970s, crime rates soared and social issues took center stage in the public eye. A number of new laws and studies focused federal resources on researching new approaches to crime control. The
Supreme Court, under the leadership of Earl Warren, issued a series of rulings which redefined citizen's rights and substantially altered the powers and responsibilities of police and the courts. The Civil Rights Era offered significant legal and ethical challenges to the status quo.
In the late 1960s, with the establishment of the Law Enforcement Assistance Administration (LEAA) and associated policy changes that resulted with the
Omnibus Crime Control and Safe Streets Act of 1968. The LEAA provided
Grant (money) for criminology research, focusing on social aspects of crime. By the 1970s, there were 729 academic programs in criminology and criminal justice in the United States. Largely thanks to the Law Enforcement Education Program, criminal justice students numbered over 100,000 by 1975. Over time, scholars of criminal justice began to include
criminology, sociology, and
psychology, among others, to provide a more comprehensive view of the criminal justice system and the root causes of crime. Criminal justice studies now combine the practical and technical policing skills with a study of social deviance as a whole.
See also
Main list: List of basic criminal justice topics
portal:criminal justice
- Corrections
- Courts
- Crime
- Criminal law
- Criminal procedure
- Criminologists
- Criminology
- History of criminal justice
- Law
- Organized crime
- Penology
- Police
- Restorative justice
- Social justice
- Sentence (law)
References
Further reading
- Criminal Justice: Mainstream and Crosscurrents. John Randolph Fuller. 2005. Prentice Hall. Upper Saddle River, NJ.
- Crime and Punishment in America. Volume 1. Richard C. Hanes and Sharon M. Hanes. 2005. Thomas Gale. Farmington Hills, MI
- Popular Justice: A History of American Criminal Justice. Samuel Walker. 1980. Oxford University Press, Inc. New York, NY.
- Crime and Punishment in American History. Lawrence M. Friedman. 1993. Basic Books. New York, NY.
- The Emerging System of International Criminal Law: Developments in Codification and Implementation, Lyal S. Sunga. 1997. Kluwer Law International. The Hague, The Netherlands.
External links
- Academy of Criminal Justice Sciences
- National Criminal Justice Reference Service
- Home Office, UK - Justice & prisons
- Scottish Centre for Crime and Justice Research - UK
- National Institute of Justice
Criminal justice is the system of legislation, practices, and organizations, used by government or the state, which are all directed to maintain
social control,
Deterrence (legal) and control crime, and sanctioning those who violate
laws. The primary agencies charged with these responsibilities are police (law enforcement),
courts, and
corrections which administers punishment for those found guilty. When processing the accused through the criminal justice system, government must keep within the framework of laws that protect individual rights. The pursuit of criminal justice is, like all forms of "
justice", "fairness" or "process", essentially the pursuit of an
ideal. Throughout history, criminal justice has taken on many different forms which often reflect the cultural mores of society.
History of criminal justice
The modern criminal justice system has evolved since
ancient times, with new forms of punishment, added
rights for
offenders and victims, and
policing reforms. These developments have reflected changing
customs, political ideals, and economic conditions. In ancient times through the Middle Ages, exile was a common form of punishment. During the Middle Ages, payment to the victim (or their family), known as
wergild, was another common punishment, including for violent crimes. For those who could not afford to buy their way out of punishment, harsh penalties included various forms of corporal punishment. These included mutilation,
human branding, and flogging, as well as execution.
Though a prison, Le Stinche, existed as early as the 14th century in
Florence, Italy ,
incarceration was not widely used until the 19th century. Correctional reform in the United States was first initiated by William Penn, towards the end of the 17th century. For a time,
Pennsylvania's criminal code was revised to forbid torture and other forms of cruel punishment, with jails and
prisons replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from a group of Quakers, these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvania's crime rate. John Howard (prison reformer) undertook important studies of prisons during the 1770s in the
United Kingdom, and
Patrick Colquhoun,
Henry Fielding and others led significant reforms during the late eighteenth and early nineteenth centuries.
Modern police
The first Modernity police force is commonly said to be the
London Metropolitan Police Service, established in 1829 by Sir Robert Peel, which promoted the
Preventive police role of police as a deterrent to urban
crime and disorder. In the United States, police departments were first established in
Boston in 1838, and New York City in 1844. Early on, police were not respected by the community, as Police corruption was rampant.
In the 1920s, led by Berkeley, California police chief, August Vollmer and O.W. Wilson, police began to professionalize, adopt new technologies, and place emphasis on training and professional qualifications of new hires. Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and the community. Following urban unrest in the 1960s, police placed more emphasis on community relations, enacted reforms such as increased diversity in hiring, and many police agencies adopted
community policing strategies.
In the 1990s,
CompStat was developed by the
New York Police Department as an information-based system for tracking and
crime mapping crime patterns and trends, and holding police accountable for dealing with crime problems. CompStat has since been replicated in police departments across the United States and around the world, with problem-oriented policing, intelligence-led policing, and other information-led policing strategies also adopted.
Goals
In the United States, criminal justice policy has been guided by the 1967 President's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report "The Challenge of Crime in a Free Society." This report suggested over 200 recommendations as part of a comprehensive approach toward the prevention and fighting of crime. Some of those recommendations found their way into the Omnibus Crime Control and Safe Streets Act of 1968. The Commission advocated a "systems" approach to criminal justice, with improved coordination among law enforcement, courts, and correctional agencies. The President's Commission defined the criminal justice system as the means for society to "enforce the standards of conduct necessary to protect individuals and the community".{{cite book ] and
Wales aims to "reduce crime by bringing more offences to justice, and to raise public confidence that the system is fair and will deliver for the law-abiding citizen." In Canada, the criminal justice system aims to balance the goals of crime control and prevention, and justice (equity, fairness, protection of individual rights). In
Sweden, the overarching goal for the criminal justice system is to reduce crime and increase the security of the people.
Law
LawFrom
Old English lagu "something laid down or fixed";
legal comes from Latin
legalis, from
translating "law" to other European languages "law", "statute" ( Law, Online Etymology Dictionary; Legal, Mirriam-Webster's Online Dictionary) is a system of rules usually enforced through a set of institutions. The purpose of law is to provide an objective set of rules for governing conduct and maintaining order in a society.
The oldest known codified law is the
Code of Hammurabi, which was established circa 1760 BC in ancient Mesopotamia. Throughout history laws have been handed down by many different organizations. In ancient Rome for example, laws had to be voted on by a Roman Senate before taking effect. Throughout the Dark Ages and
Middle Ages laws were often created or abolished according to the whim of the ruling nobility. In different parts of the world, law could be established by
Legalism (Chinese philosophy) or
theocracy. In the modern world, laws are typically created and enforced by governments. These codified laws may coexist with or contradict other forms of social control, such as religious proscriptions, professional rules and ethics, or the cultural mores and customs of a society.
Within the realm of codified law, there are generally two forms of law that the courts are concerned with.
Private law are rules and regulations which govern transactions and grievances between individual citizens. Criminal law is concerned with actions which are dangerous or harmful to society as a whole, in which prosecution is pursued not by an individual but rather by the state. The purpose of criminal law is to provide the specific definition of what constitutes a crime and to proscribe punishments for committing such a crime. No criminal law can be valid unless it includes both of these factors. The subject of criminal justice is, of course, primarily concerned with the enforcement of criminal law.
Criminal justice system
The criminal justice system consists of
law enforcement (
police),
courts, and
corrections. Criminal justice agencies operate within rule of law.
Policing
The first contact an offender has with the criminal justice system is with the police (or
law enforcement) who make the arrest. Police or law enforcement agencies and officers are empowered to use force and other forms of legal coercion and legal means to effect public and social order. The term is most commonly associated with police departments of a
state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. The word comes from the
Latin politia (“civil administration”), which itself derives from the
Ancient Greek πόλις, for
polis ("city"). The first police force comparable to the present-day police was established in 1667 under King Louis XIV in
France, although modern police usually trace their origins to the 1800 establishment of the
Marine Police Force in
London, the City of Glasgow Police, and the Napoleon I of France Prefecture of Police.{{cite web| title =La Lieutenance Générale de Police| work =La Préfecture de Police fête ses 200 ansJuillet 1800 - Juillet 2000| publisher =La Préfecture de Police au service des Parisiens| url =http://www.prefecture-police-paris.interieur.gouv.fr/documentation/bicentenaire/theme_expo1.htm| accessdate =-->
The notion that police are primarily concerned with enforcing criminal law was popularized in the 1930s with the rise of the
Federal Bureau of Investigation as the pre-eminent "law enforcement agency" in the
United States; this however has only ever constituted a small portion of policing activity. Policing has included an array of activities in different contexts, but the predominant ones are concerned with public order and the provision of services.
Courts
The courts serve as the venue wherein disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical players in any court setting. These include the judge,
prosecutor, and the defense attorney. The judge, or magistrate, is a person knowledgeable in the law whose function is to objectively administrate the legal proceedings and offer a final decision on how a case is disposed.
In America and most other nations, guilt or innocence is decided through the
adversarial system. In this system, two parties will both offer their version of events and argue their case before the court. Truth is decided by which party offers the argument which is more sound and compelling.
The prosecutor is the
lawyer who brings charges against a criminal. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a
plaintiff or plaintiff's council. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who accuses criminals while the plaintiff is the complaining party in civil disputes.
A defense attorney counsels the accused on the legal process and, at trial, will attempt to offer a
rebuttal to the prosecutor's accusations. It is the defense attorney's duty to present exculpatory evidence and argue on behalf of their client. In modern America, all accused criminals are offered the assistance of a defense attorney. Those who cannot afford a private attorney may be provided one by the state. Historically, however, the right to a defense attorney has not always been universal. For example, in Tudor England criminals accused of
treason were not permitted to offer arguments in their defense.
The final determination of guilt or innocence is typically made by a third party. This party may come in the form of a judge, a panel of judges, or a jury panel composed of disinterested citizens. This process varies depending on the laws of the specific jurisdiction. In some places the panel (be it judges or a jury) is required to issue a unanimous decision while in others only a majority
vote is required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. Other nations do not use juries at all, or rely on theological or military authorities to issue verdicts.
Some cases can be disposed of without the need for a trial decision at all. If the accused confesses their guilt, the entire process may be circumvented and the verdict will quickly be rendered. Some nations, such as America, allow plea bargaining in which the accused pleads neither guilty or not guilty, but accepts a reduced punishment in exchange for their cooperation. This reduced sentence is a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing coerces innocent people to plead out in an attempt to avoid a harsh punishment.
The entire trial process, whatever the country, is fraught with problems and criticisms. Bias and
discrimination form an ever-present threat to an objective decision. Any prejudice on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility. Some people argue that the often byzantine rules governing courtroom conduct and processes restrict a layman's ability to participate, essentially reducing the argument process to a battle between the lawyers. In this case, the criticism is that the decision is based less on sound justice and more on the lawyer's eloquence and charisma. The jury process is another area of frequent criticism, as there are few mechanisms to guard against poor judgment or incompetence on the part of the layman jurors.
Corrections
Offenders are then turned over to the corrections authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration of punishment has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons, exile and
execution were the primary forms of punishment. Historically
shame punishments and dismemberment have also been used as forms of censure.
The most publicly visible form of punishment in the modern era is the
prison. Prisons may serve as detention centers for prisoners both before, during, and after trial. Early prisons were used primarily to sequester criminals and little thought was given to living conditions within their walls. In America, the
Quaker movement is commonly credited with establishing the idea that prisons should be used to reform criminals. This can also been seen as a critical moment in the debate regarding the purpose of punishment.
Punishment (in the form of prison time) may serve a variety of purposes. First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to perpetrate further crimes. Many societies also view prison terms as a form of
revenge or retribution, and any harm or discomfort the prisoner suffers is "payback" for the harm they caused their victims. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. Many modern prisons offer schooling or job training to prisoners as a chance to learn a vocation and thereby earn a legitimate living when they are returned to society. Religious institutions also have a presence in many prisons, with the goal of teaching ethics and instilling a sense of morality in the prisoners.
There are numerous other forms of punishment which are commonly used in conjunction or in place of prison terms. Monetary fines are one of the oldest forms of punishment still used today. These fines may be paid to the state or to the victims as a form of reparation.
Probation and
house arrest are also sanctions which seek to limit a person's mobility and their opportunities to commit crimes without actually placing them in a prison setting. Many jurisdictions may require some form of public service as a form of reparations for lesser offenses.
Execution or capital punishment is still used around the world. Its use is one of the most heavily debated aspects of the criminal justice system. Some societies are willing to use executions as a form of political control, or for relatively minor misdeeds. Other societies reserve execution for only the most sinister and brutal offenses. Others still have outlawed the practice entirely, believing the use of execution to be excessively cruel or hypocritical.
Academic discipline
Criminal justice is distinct from the field of
criminology, which involves the study of crime as a social phenomena, causes of crime, criminal behavior, and other aspects of crime. Criminal justice emerged as an academic discipline in the 1920s, beginning with Berkeley, California police chief August Vollmer who established a criminal justice program at the University of California, Berkeley in 1916. Vollmer's work was carried on by his student, Orlando Winfield Wilson, who led efforts to professionalize policing and reduce Police corruption. Other programs were established in the United States at
Indiana University (Bloomington), Michigan State University,
San Jose State University, and the
University of Washington. As of 1950, criminal justice students were estimated to number less than 1,000. Until the 1960s, the primary focus of criminal justice in the United States was on policing and police science.
Throughout the 1960s and 1970s, crime rates soared and social issues took center stage in the public eye. A number of new laws and studies focused federal resources on researching new approaches to crime control. The Supreme Court, under the leadership of
Earl Warren, issued a series of rulings which redefined citizen's rights and substantially altered the powers and responsibilities of police and the courts. The Civil Rights Era offered significant legal and ethical challenges to the status quo.
In the late 1960s, with the establishment of the Law Enforcement Assistance Administration (LEAA) and associated policy changes that resulted with the Omnibus Crime Control and Safe Streets Act of 1968. The LEAA provided
Grant (money) for criminology research, focusing on social aspects of crime. By the 1970s, there were 729 academic programs in criminology and criminal justice in the United States. Largely thanks to the
Law Enforcement Education Program, criminal justice students numbered over 100,000 by 1975. Over time, scholars of criminal justice began to include
criminology, sociology, and
psychology, among others, to provide a more comprehensive view of the criminal justice system and the root causes of crime. Criminal justice studies now combine the practical and technical policing skills with a study of social deviance as a whole.
See also
Main list: List of basic criminal justice topics
portal:criminal justice
References
Further reading
- Criminal Justice: Mainstream and Crosscurrents. John Randolph Fuller. 2005. Prentice Hall. Upper Saddle River, NJ.
- Crime and Punishment in America. Volume 1. Richard C. Hanes and Sharon M. Hanes. 2005. Thomas Gale. Farmington Hills, MI
- Popular Justice: A History of American Criminal Justice. Samuel Walker. 1980. Oxford University Press, Inc. New York, NY.
- Crime and Punishment in American History. Lawrence M. Friedman. 1993. Basic Books. New York, NY.
- The Emerging System of International Criminal Law: Developments in Codification and Implementation, Lyal S. Sunga. 1997. Kluwer Law International. The Hague, The Netherlands.
External links
- Academy of Criminal Justice Sciences
- National Criminal Justice Reference Service
- Home Office, UK - Justice & prisons
- Scottish Centre for Crime and Justice Research - UK
- National Institute of Justice