The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. There is no single criminal justice system in the United States but rather many similar, individual systems.
It includes the defined set of procedures, rules, requirements and limits our courts and other institutions use to enforce the criminal law. Other institutions that play a role in the criminal justice system include the police, custodial institutions, correctional facilities, and trial and appellate courts.
Pros and cons abound in the criminal justice system, and two people may view the same aspect differently, depending on what side they're on. Presumption of Innocence Unlike countries like China, in America if you are accused of a crime you are innocent until proven guilty.
This is an important benefit of the criminal justice system as it places the burden of proof where it should be, on the accusers. While some may argue that if you're facing a criminal trial due to an accusation of a crime, someone present, be it the victims, prosecuting attorney or public, must think that you're guilty, the presumption of innocence is a pivotal benefit of the criminal justice system.
This presumption is designed to allow judges and juries to evaluate whether the prosecution has proven, beyond a reasonable doubt, that the defendant is guilty of the crime s. Self Incrimination Another benefit of the criminal justice system is the fifth amendment which protects the accused from saying anything or being forced to answer questions which essentially might get him into deeper trouble.
The fifth amendment of the United States Constitution says that the government cannot require someone to provide potentially incriminating testimony. The amendment further states that any information gathered from the accused which violate this right is not allowed to be admitted during the criminal court proceedings.
The fifth amendment essentially protects the accused from having to take witness against himself. This amendment keeps the burden upon the prosecutor to find witnesses who will do exactly that.
Right to Attorney The fact that everyone accused of a crime has a right to an attorney is a definite pro of the criminal justice system. If the accused cannot afford an attorney the court will appoint one to him, often referred to as a public defender.
However, this pro can sometimes turn into a con when you consider the fact that wealthier people accused of crimes can usually afford more expensive attorneys who have more experience, graduated from more prestigious law schools and who have been mentored by elite legal professionals.
Some say the fact that the court doesn't appoint both the defendant and the plaintiff a public defender gives the rich a sometimes unfair advantage.Elio Fameli holds a Law degree from the University of Florence.
He is an Associated Research Director at the ITTIG - "Istituto di Teoria eTecniche dell'Informazione Giuridica" ("Institute of Legal Information Theory and Techniques"), previously known as IDG ("Istituto per la DocumentazioneGiuridica" - "Institute for Legal Documentation"), an organ of the Italian National Research Council.
Performance Measures for the Criminal Justice System iii. Acknowledgments Efficiency, effectiveness, and fairness are central goals for the administration of criminal justice in the United States.
sentencing process was giving weight to information not legally relevant. EVALUATE THE EFFECTIVENESS OF THE CRIMINAL TRIAL PROCESS IN ACHIEVING JUSTICE.
Elements of the process which has controversy surrounding them E.g. interrogation on the stand5/5(1).
Fairness in the legal process, Law in the community, Law and society, Commerce, Year 9, NSW The legal system has many complicated stages, differing arenas of jurisdiction and a large body of rules and regulations that must be followed.
The Politics of Criminal Justice Politics is the process by which resources are distributed or allocated.
As a famous political scientist once remarked, “Politics is who gets what, when, and how. For an overview of China's criminal justice system before the Cultural Revolution, see Jerome A.
Cohen, The Criminal Process in the People's Republic of China, An Introduction (Harvard Univ. Press, Cambridge, MA: ).